have chosen the case of Hugh Bacalla Garth, as it is a relevant example of how the change of a law is being applied, the consequences and some implications on people's life. The topic is the new punch legislation and the case of Hugh Bacalla Garth allegedly hit 21-year-old Raynor Manalad at a birthday party at Minchinbur, they 7th of May 2014. Raynor Manalad hit his head on the footpath and was quickly sent to Westmead Hospital but unfortunately died the next day. Mr Manalad allegedly ¬intervened in an argument between Garth and his girlfriend when he was hit about 1am. Before Hugh Garth punched Raynor Manalad he also harmed a women at the party. This contributes to have a longer sentence, which yet has not been decided. This case is relevant because it is the first case applying the new "one punch legislation", after NSW Attorney-General Greg Smith decided to change the law an ensure that offence and charge will be considerable higher if the assault, causes death. The revised law has included as well …show more content…
Both young 18-year-old teenagers were killed by a fatal punch in King Cross in 2012. Both perpetrators suffered a minimum of 6 years. The content and impact of the new law The new laws include the following areas: New sentences for ‘one punch’ assaults A 20 year maximum sentence for anyone who unlawfully assaults another who dies as a direct or indirect result of the assault. If the offender was intoxicated by alcohol or drugs, a minimum of eight years and a maximum 25 year sentence applies. Existing maximum sentences increased by two years For serious assaults where drugs and alcohol are involved, existing maximum sentences will increase by two years, and mandatory minimum sentences have been introduced. Voluntary intoxication removed as a mitigating factor in sentencing Voluntary intoxication by drugs or alcohol will be removed as a mitigating factor when courts determine
On 14th September 1984, he was convicted of provoked burglary, three murders and rape at Sheffield crown court. The applicant was sentenced to a term of life imprisonment by the trial judge and recommended a minimum tariff of 18 years to the secretary of state for
In their conclusion the Appellate court reasoned that the argument of Reyes drunkenness by the defense as a form of habit carried little weight. They agree that there is no exact formula for establishing habit. However they do hold it to a standard of “uniformity of response”. Meaning the defendant needed to prove in order to result to habit evidence that “intoxication on a given occasion depends on the degree of regularity of the practice and its coincidence with the occasion”. Reyes v. Missouri Pac. R. Co., 589 F.2d 791, 795 (5th Cir. 1979) They concluded that four instances over a period of approximately four years could not constitute as or satisfy the requirements for establishing
The Causation of this criminal case was a dispute between two male youth rivals AH and Mr Boyce’s friend Joel, over the phone relating to a young female woman which resulted in the ignition for the violent brawl, leading to the homicide of Mr Wayne Boyce who was stabbed in the chest with a knife from a 18 year old male named Joey Aaron Smith who was the associate with AH and Saad Jamie Barghachoun.
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
It is nine in the morning, Professor Chagnon informs me of the information and data we hope to collect today, the three main forms of violence that accrue in and out side of each village, “chest pounding, side slapping and club fights” (Chagnon, 118) Professor Chagnon instructs me to follow him with the camera and film equipment. The Professor stops as he watch’s two men pounding each others chests, I begin preparing my camera to talk a photo when a friend of Professor Chagnon come’s over to say hello Professor Chagnon greets his friend an introduces me, Professor Chagnon as his friends what ...
Syme, D. (1997). Martin Bryant's Sentence- What the judge said, Retrieved 5 July, 2003, from http://www.geniac.net/portarthur/sentence.htm. 7. The Australian Encyclopaedia.
Judicial Activism- judges should interpret and apply the law in the light of ongoing changes in conditions and values
Shaniqua gave a lot of examples of certain cases and they were shocking and unbelievable. She stated that a man got shot four times upon opening the door for the police officers. Another case was a young man who was selling artificial cigarettes and was shot. Another man stated that
This concludes my summary of lessons gleaned from the course BSL 301 Legal Research, Writing, and Analysis referencing Honigberg, G. "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed. BarBri Group, 2006.
Lee, Evan. “DUI: Penalties Aren’t Severe Enough For Offenders.” The News Tribune. N.p, 24 Oct. 2013, Web. 11 Nov. 2013. http://blog.thenewstribune.com/letters/2013/10/24/penalties-not-sever-enough-for-drunk-driving/.
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is what is known as an ‘Original Precedent’ that is a case that creates and applies a new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’.
In both cases the guilty parties have committed a crime punishable by death, additionally each man also r...
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...