Explain The Arguments In Favour Of The Offences Against The Person Act 1861

In the case of S.K vs Constable Garrett Styles, I would sentence S.K to the same punishment that his now facing. Not only banished to the solitude of his house S.K, is serving a much harsher sentence than most within the public think. The judge, justice Sonsa said to reporters that the defendant, S.K is "already serving a life sentence, imprisoned in his wheelchair.". This statement although true did not please the styles family by any means. The passed father of two young children Garrett was killed while doing a routine check.

This is seen as being effective as it is promoting the need to change existing sexual consent laws hopefully in order to achieve justice. This also highlight responsiveness of the government to responding to issues of the legal system regarding the NSW sexual consent laws. Another effectieve part of the legal system seen in this case is enforceability of the sexual consent laws. Although Mr Lazarus did undertake rape “without consent” he truly believed that Ms Mullins gave consent which according to the NSW sexual consent law stating that the accused must know the victim is not consenting is technically proof of enforceability of the law by Mr Lazard as he believed she gave consent. This case showed the effectiveness of protecting individual rights to a fair hearing as they allowed Mr Lazarus and Ms Millins to conduct a fair trial under section 24 of the Charter.

Previous to the year 1832, the English people had seen their House of Commons continuously pass bills and tariffs in which either hindered their civil rights or solely benefited the wealthier class. In the year 1815, the corn laws were passed, placing a huge tax over grains. Nobles benefited greatly because they owned lad that grew the grain. These laws created riots amongst the lower classed englishmen. Another law passed prior to the efforts of reform in 1832 was the six acts bill, in which suspended a person’s right to assemble and suspended hiatus corpus.

In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.

Sentencing Remarks Case Study 1: CHRISTALL, Daniel Ian 1. On the charges of theft and assault Mr Christall was sentenced to twenty one months imprisonment with a non-parole period of thirteen months despite the appropriate single sentence being described as one year and four months. The sentence was reduced from one year and four months on account of the guilty plea entered by Mr Christall. This sentence was later suspended on account of the accused’s apparent determination to beat his drug problem, evidenced by the fact that he had voluntarily sought treatment. The stable environment he has around him, his mental health issues, supported by a professional psychiatrist and the circumstances under which the crime was committed.

Specific changes to the Bail Act 2013

However the high court have all the rights and power to reconsider common law which was exactly the case in this situation. The role of

The reason for the legislation was so victims could have a voice during the proceedings. The judicial systems also felt that the victims were not being adequately accounted for by the courts. Victims felt as if their own personal experience of the crime was being brushed aside. Victims felt as though the sentence of the defendant was not proportional to the crime they committed leaving victims feeling ignored. The Victim impact statement was also introduced to help victims with trauma and gain closure to the crime committed against them (victimsofcrime.gov.au,

It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done...that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. " This criminal punishment exception to the 13th Amendment is all the more brazen when one considers the inhumanity of lengthy prison sentences today – often handed out in assembly-line fashion, and dispensed more often to

In a disturbed area, the civil law has to be followed an order U/s. 144 of the criminal procedure code must be in force before the powers U/s. 4 of the AFSPA can be exercised. Before exercising the powers under the acts, a warning is required to be given to those are violating the law. The central government had appointed a five-member committee headed by the Supreme Court Judge B.P. Jeevan Reddy to examine whether the AFSPA is required. The entire report has not been made public, but various non-governmental organizations have selectively quoted a portion of it (which was available on the web site of a prominent news paper): “….for whatever reasons, (AFSPA) has become a symbol of oppression, an object of hate and an instrument of discrimination

Defences to rape under Section 1 of the SOA 2003 often arise from (but are not limited to) the

Non-legal measures include the media, lobby groups (Thomas Kelly Foundation and Real Heroes Walk Away) and NGO’s (Last Drinks). The R v Loveridge case, has majorly influenced the legal measures such as courts and parliaments to introduce mandatory sentencing on one punch laws and lockout laws, which have successfully reduced the amount of alcohol-fuelled assaults. Although there have been many cases involving one punch assaults, the most influential and important case by far was the ‘R v Loveridge’ case. This particular case, has become prominent, resulting in an introduction of lockout laws and mandatory sentencing on

The section presents a piece of legislation as follows: “a court is to impose a life sentence on a person convicted of murder if the court is satisfied that the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met by the imposition of a life sentence”. Thus, the sentence for Robert Xie was decided due to the Crimes Act 1900

[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law

It was revealed by a survey carried out by National Consumer Council how unhappy and unsatisfactory people were with the Civil Justice System. The main weaknesses identified were that the system being too slow, too complicated for ordinary people to understand and too outdated and costly. In the continued criticism of the system Lord Woolf was appointed by the government who came up with suggestions and solutions to overcome these problems. As a result Civil Procedure Rules came into force on 26th April 1999 introducing different reforms to the system. The rationale of the reforms was to avoid litigation and promote settlement between the parties at dispute.