Dose Latham's Trial Case

For the purpose of this report, a visit to the Melbourne Magistrate's Court was made on 22nd March, 2016. On this day, the second day of a four day committal hearing was heard regarding the matter of Omer Cicekdag, presided over by Magistrate Ann Collins.

The R v Bentham case , which presented the question of imitation firearms, and whether part of your body is covered in the legislation adopted the literal approach and as this directive was employed judges declared the word ‘possession’ did not include someone’s fingers. If words of the act are evident, they should be adhered to, even if they provoke a distinctive absurdity. The legislation specified that imitation firearms could be “anything which has the appearance of a firearm whether or not it is capable of discharging any shot, bullet or missile”. It was held by Lord Bingham that Parliament obviously meant to legislate about imitation firearms and not to develop an offence of dishonesty, claiming to possess a firearm. Accordingly, possession of something needs to be independent from the body and the defendant was found not guilty.

Within certain circumstances, liability is based on the accused 's action, which is also known as an act of omission or negative act. Regardless of the defendant 's motive, the failure to act supports a finding of criminal liability only when the s/he is under a binding legal duty, has the necessary knowledge to behave aptly and carrying out his or her responsibility is possible. Even so, there are instances when the issue of guilt results from a lack thereof. Each element must be proven beyond a reasonable doubt and decided as a matter of law by the court. With regard to any crime, all criminal elements are distinguishable and identifiable for the careful analysis of each issue. Take for example the difference between points of dispute in Proctor v. State (1918) and People v. Newton (1973) when reading Criminal Law: Cases and Methods.

lingsworth v. Perry Facts: In 2000, California voters adopted Proposition 22, defining marriage as a relationship only between a man and a woman. The California Supreme Court invalidated Proposition 22 and California began issuing marriage licenses to same-sex couples. The Proponents of Proposition 8, who opposed same-sex marriage, collected signatures and filed petitions to get Proposition 8 on the ballot. In November 2008, California voters approved Proposition 8, "which added language to the California Constitution that defined marriage as a union between a man and a woman" (Santoro & Wirth, 2013). Two same-sex couples applied for marriage licenses and were denied, then brought suit under 42 U.S.C.S. ยง 1983, based on the idea that Proposition 8 violated equal protection. The State of California refused to argue in favor of Proposition 8 and the original proponents of Proposition 8 sought to defend the law. In May of 2009, Proposition 8 was ruled unconstitutional by a California District Court, which held that it violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Ninth Circuit affirmed the trial court's decision. The case then came before the Supreme Court. However, the State of California is not defending Proposition 8; instead, a mix of private parties is defending the law. This has led to questions about standing as well as the constitutional issues in the case.

Mabo Decision The case of Mabo decision with Queensland government was one of the most significant legal case in Australia, which recognised the land rights and the original ownership of Murray islanders in the Torres Strait. It was acting by Murray islanders and the High Court upheld. Based on the successful legal case, there are some key issues in the process for Indigenous’ land rights, which were changed in Australia law and affect future rulings in Australia, such as the Native Title ruling of the Aboriginal people’s land rights after the High Court passed the Act in 1993; in addition, due to this alteration of Australian laws, it not only had a big impact of Murray islanders but also on some other groups of Aboriginal people’s land rights reform.

The case study of Crowe v. Provost, 374 S. W. 2d. 645 (Tenn. 1963), was a highly-anticipated court case for the 1960’s. The following list pertaining to the example of what went wrong and by whom. The first patient appointment opens a file with the patient’s basic information and any allergies including medication(s). This would typically be done with the receptionist. If this was not the doctor’s first time seeing this patient, then the physician should have checked the chart to see if there were any allergies to anything including medication, such as, Penicillin and Cosa-Terrabon. Referring to the Crowe vs. Provost, the child was then rushed back into the doctor’s office with worsening symptoms, the nurse should have listened to the mother. The nurse, could have instructed the mother to take the worsening child to the nearest Emergency Department. The nurse advising the doctor, “That she thought the child was about the same as when the physician saw him earlier in the day” (Flight, M., 2011, page 5-6) was not a good idea. The doctor could have been brought in for an examination of the ailing patient. The receptionist returning from her lunch should not have been a signal for the nurse to leave for any reason with the patient getting worse. Again, the patient and mother should have been instructed to go to the nearest emergency room. The receptionist should not have been left alone with an ailing patient. Mistakenly, the receptionist calling the doctor first and

The case of Ruddock v Vadarlis is fundamental when it comes to understanding the rights of an individual or human rights more broadly and how they are protected by public law in Australia, however this is an extremely complex issue, and this case outlined many of the protections that ensure human rights but also was one of the defining moments for human rights and public policy in the contemporary era, this cases influence stretches far, but this essay will explain how this case enshrined how Australian public law protects people’s rights. This essay will focus on the individual rights of Australians, this in itself generates a great deal of discussion and viewpoints, different ideas on exactly what rights were protected, and which rights

I am going to engage the jury in a series of questions that will lead to the verdict of Steve Harmon being declared innocent. Steve has been accused, as a lookout in the murder of a drugstore owner, Alguindado Nesbit. This evening I will prove to you that Steve

In the case R v. Dudley and Stephens, the two sailors should not have been found guilty or charged with murder. I will examine the case with two theories of punishment, retributivism and consequentialism. I am using these two different frameworks because they both have two different requirements in order to justify punishment. Retributivism requires agents to be morally responsible, while consequentialism requires an agent to be rational. It is important to distinguish how the same action can be found guilty or non guilty depending on the framework of punishment being used. Dudley and Stephens should be found guilty under a retributive framework of punishment, but be found innocent under a consequentialist one. However, my conclusion that both Dudley and Stephens should be exempt from criminal prosecution comes from looking at a combination of retributivism and consequentialism that Duff calls Side-Constrained Consequentialism. Side-Constrained Consequentialism is a combination of positive retributivism and consequentialism. Side-Constrained Consequentialism requires an agent to not only be a rational agent, but a moral one as well. I will begin by defining my terms and laying out the necessary details of the case. I will then review the case under the frameworks of consequentialism, retributivism, and Side-Constrained Consequentialism.

Overall, through the thorough analysis of both primary texts as well as several secondary sources regarding the Thomas and Jane Weir trial as well as witch hunting in Scotland as a whole, it can be determined that women were unfairly persecuted due to the gender roles prevalent in early modern Scotland and the lack of separation between the church and the state played an immense role in ensuring this occurred. However, as stated previously, all sources must be analyzed for bias because this could have a drastic impact on the message delivered to the audience versus what was actually happening at the

The case is called Vosburg v. Putney which issue from Supreme Court of Wisconsin. Vosburg is the plaintiff who had been suffered an unforeseeable injury on his leg below his knee; However, before the injury are healing, a few days later, Vosburg’s classmate, Putney, who is the defendant had kicked Vosburg’s injury sport. Vodburg hadn’t feel any plain at first, but after a while, he felt the pain and have to underwent surgery. As a result, Vodburg had lost his injured leg, and he sue Putney for battery and assault.

I strongly believe that Latham does not deserve a new trial and should stay with his current sentence. There have been many "problems" with his appellant case such as fingerprints inside the home and not driving the green car. Yet after all of this he still manages to get everything he said disproven. Latham is in jail and for a good reason which is 1st degree burglary.

Commonly, the Warren Court encourages and protects the rights of people who belong to a minority group and people who live in poverty. President Kennedy and President Johnson persevered in making a more prominent life for Americans by advocating equality and decreasing the amount of poverty throughout the country. Both

Introduction A trust can only be enforceable if it is sufficiently certain. The three certainties of a trust must coincide for a trust to become valid. Absence of any of the uncertainties makes a trust invalid from the start. The three certainties are certainty of the subject matter, certainty of intention and certainty of the objects. All these certainties must be established to make a trust valid. The purpose of the certainty requirement of trusts is to ensure compliance with the intentions of the settlor. For a trust to be enforced, there must be an individual who can compel the trustee to enforce the trust. The trust should also be capable of being implemented for the benefit of a beneficiary. The certainty requirement ensures that a trust is capable of being implemented failure to which would render the concept of trusts pointless.

 A pro rata basis method (Buckley & Young Ltd v CIR , 1978)  Cash value equivalent method (Buckley & Young Ltd v CIR , 1978)  Non-monetary factors method (Buckley & Young Ltd v CIR , 1978) 2. Two features of incurred expenditure for income tax purposes The leading cases, CIR v Mitsubishi Motors Ltd [1995] and Commissioner of Taxation v James Flood Pty Ltd [1953] that reflect a taxpayer