This matter is an application for conditional bail your honour. Mrs. Ayoub is a 51 year old divorced woman that lives on her own and has been charged with larceny under section 117, common assault under section 61 and resisting arrest, under section 58 of the Crimes Act 1900. Your honour, I submit my client has neither presumption in favour or against bail as she doesn’t fall under sections 8 to 9. Therefore Mrs. Ayoub has no presumption for bail however, under section 13 of the Bail Act, my client is still eligible for bail despite having no entitlement, therefore I plead for bail to be considered granted to my client. Has your honour been made aware of the facts of the case? * The alleged incident took place after a substantial …show more content…
When the police arrived, she struggled as they escorted her but didn’t try to resist, prevent or oppose her arrest as she only just struggled till they calmed her down. Under these circumstances, my client was misunderstood as she was in a different state of mind and doesn’t deserve the severity of these punishments including larceny under section 117 carrying a maximum sentence of five years imprisonment, common assault under section 61 carrying a maximum of sentence of two years imprisonment and resisting arrest, under section 58 carrying a maximum sentence of five years imprisonment. Section 32 1) b) reads the interest of the person having regard only to: Subsection iv) “whether or not the person is, in the opinion of the authorised officer or court, incapacitated by intoxication, injury or use of a drug or is otherwise in danger of physical injury or in need of physical protection” Your honour, my client has an ongoing problem with alcohol leading to intoxication which may lead to making unsound judgements/decisions and for this reason may need professional help or counselling regarding her alcohol problem as her addiction may get worse if it is not treated properly. Section 32 1) b1) subsection i) states the protection of “any person against whom it is alleged that the offence concerned was committed” In regards to the protection of the security guard, my client has no intention to harm him or any intention
Her primary complaint was her frequent doubts, without reasoning, concerning the commitment of her current partner. She harbors a constant feeling of distrust while her partner is away at work and becomes suspicious if her partner has gone a few hours without contact. Phoenix is a moderate drinker and she proclaims this helps to suppress the obsessive thoughts. She has resulted to drinking for this chronic feeling for the past couple of years. Phoenix and her partner have been in numerous altercations because of these internal issues which exist and have not been laid to rest.
Larceny is defined as the wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the takers own use. To say it plainly, larceny is stealing someone else’s property. No matter what reasons there are behind stealing, it is still wrong. I imagine there are many reasons for a person to decide that it is worth the risk to steal something. There are certain people who do not think this is wrong to steal someone else’s property. A large part of this is because people do not understand who or what they are harming when they steal. Most people who commit larceny do not look at the big picture and realize what they are doing and how it affects
This type of legislation provides a framework whereas an application can be made to further detain a prisoner who is due to release as they are deemed to be an unacceptable risk of further offending and their further detention will protect the community (Field, 2003).
2. Mohamed Haneef Case. 2014. Mohamed Haneef Case. [ONLINE] Available at: http://www.lawcouncil.asn.au/lawcouncil/ [Accessed 21 August 2014].
1.2 As part of his job training, it was necessary for him to get a security guard license, requiring him to obey the Security Officer’s Manual, which included the following statement: “If a serious accident or illegal behavior should occur on the premises of the licensee, it shall be the responsibility of the licensee to notify the appropriate police department immediately”.
As of this date, no concrete evidence is forthcoming. A resonable bond or dismissal until
Your client is an E-7 charged with Premeditated Murder for killing his wife after an argument. The charge was just referred to trial by General Court-Martial. Answer these questions. (YOU MUST CITE SOME AUTHORITY FOR EACH ANSWER):
Q. ‘The bail legislation of Bangladesh is more focused on justification rather than risk based approach’-discuss this statement and give a comparative description in this regard between Bangladesh and New South Wales.
The role of the custody officer was created by the Police and Criminal evidence act 1984 (PACE act). Throughout this essay I will be discussing the role of the custody officer and exploring the stages that must be undertaken when a person is detained and processed through custody post arrest. I will also discuss the various sections of the Human Rights Act 1998 that are affected when a person is detained, the limits of a persons detention, and the processes that must be undertaken if the custody officer wishes to extend the time that a person is kept in custody. I will be exploring the duties of the custody officer and what the job role entails on a day to day basis. Whatever is done by the custody officer is to be undertaken in a certain
The accused was released on bail by the police officer on bail under Section 436 Cr.P.C. when he was initially charged with committing the offence punishable under Section 324 I.P.C. which is a bailable offence. Subsequently on the basis of the medical report the offence was converted into one under Section 326 I.P.C., which is a non-bailable offence. As soon as the offence was discovered to be one under section 326 I.P.C. section 436 Cr.P.C. ceases to be applicable to the case of the accused. The investigating officer can in such circumstances take appropriate action to arrest the accused if he desires to do so for investigating the case as a non-bailable offence.
According to the principles and rules, I will analyze whether David has committed an offence in the given situation. In this case, he is arrested for breach of the Prohibition of Unsolicited Parties (Fictitious) Act 2010. After analyzing the situation, I found that he was breach of the Criminal Justice and Public Order Act and The Tort of Trespass to land and Nuisance. I will analyze the relationship between those three laws and every situation in detail at the following content, and give some cases of the laws to support the points.
Harry an eighteen year old University Student of previous good character has been arrested on suspicion of assault occasioning Actual Bodily Harm (ABH) contrary to section 47 Offences Against the Person Act 1861. (OAPA). It is alleged Harry pushed Rob during an argument who then stumbled cutting his hand on broken glass. He then required hospital intervention to treat that injury.
ANTICIPATORY BAIL: A MISNOMER: The words ‘anticipatory bail’ are neither found in S. 438 nor in its marginal note. In fact, anticipatory bail is a misnomer as it is not bail presently granted in anticipation of arrest. When the court grants anticipatory bail, what it does is to make an order that in the event of arrest a person shall be released on bail. Manifestly there is no question of being released on bail unless a person is arrested and, therefore, it is only upon arrest that an order granting ‘anticipatory bail’ becomes operational. The expression of anticipatory bail is a convenient mode of conveying that it is possible to apply for bail in anticipation of arrest.
But looking at all the evidence that has been presented and my research I think that Ms. Singh will be ok. She was felt upon and placed in jail possibly for expressing her feeling. Not only going into the situation a little deeper, her boyfriend had to be placed under arrest for assault so with two testimonies of the situation that transpired that night. The judge could have sympathy for Ms. Singh and let her off with a warning or just pay a fine. So sometimes the law could work out to your benefit only if you are truthful and have integrity.
The judge will review seriousness of the offence committed, history of previous convictions, possibility of reoffending, witness interference and whether it is in the public interest for bail to be served. Do the defendants pose a real risk? Under s. 4 of the Bail Act 1976, a person brought before the court, who is accused of an offence, has the right of bail without any conditions. Within Schedule 1 of the Act when taking decisions on the grant of bail, as per paragraph 9 the court is obliged to take account of certain considerations which include, the nature and seriousness of the offence, the character, associations and community ties with the defendant, previous bail record and the strength of the evidence. Under s. 25(2) of the Criminal