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R V Loveridge Case Study

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The criminal justice system plays a fundamental role in achieving justice, as the system aims to protect all members of the community fairly and equally. However, in the criminal case of R v Loveridge, it is evident that the justice system fails to apply the law to equally balance the needs of the victims and the community. In this case, the offender Kieran Loveridge pleaded guilty to five counts of offences; three charges of common assault, one charge of assault occasioning actual bodily harm and one charge of manslaughter by an unlawful and dangerous act, the victim being Thomas Kelly, Loveridge received 4 years’ non-parole for manslaughter, Loveridge’s total effective sentence therefore is 7 years and 2 months with an effective…show more content…
The prosecution reduced the charge from murder to manslaughter as they did not believe the requisite degree of reckless indifference or lack of mens rea were sufficient evidence to support the charge of murder. The use of discretion is outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), and is intended to allow for the exercise of professional judgement, Justice Campbell utilised his discretion to put forth a lessened sentence that would not be “crushing”, as his sentence focused largely on the rehabilitation of Loveridge rather than the level of punishment this is in accordance to section 3A of the Crimes (sentencing procedure) act 1999 (NSW). The questionable "lenient" sentence has been put in place with the expectation that throughout the duration of his sentence Loveridge can ‘pay’ for the results of his offences, and furthermore work towards correcting his conduct, in order to be discharged back into the community. This sentence sparked an enormous outcry from members of Thomas Kelly’s family and friends the public and the legal community, as it does not reflect the morals of society. The media can be an effective tool for exposing injustices in the application of criminal law, however it can also be used to create unfair bias against the alleged offender therefore, causing an imbalance between the rights of the accused and society. The media attempted to vilify Loveridge to create prejudice
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