Advice to Mr. Patterson Assignment
Added on 2021-02-19
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APPEAL BRIEF
Table of ContentsINTRODUCTION...........................................................................................................................4PART A...........................................................................................................................................41) Advice to Mr. Patterson in case of John ................................................................................42) Advice to Mr. Patterson in case of Charlie Taylor.................................................................6PART B............................................................................................................................................7Trials Judges Direction...............................................................................................................7CONCLUSION................................................................................................................................8REFERENCES..............................................................................................................................10
INTRODUCTIONCriminal law in Australia is a framework of different crime related laws which are made,applied and recognized in Australia itself. Federal Government of Australia has made a body ofcriminal law which is regulated by it. Civil Law may be differentiated form Criminal Law inAustralia as in Civil Law it is concerned with civil law, contract law, property law, that is, no-criminal proceedings. And in Criminal law it deals with criminal proceeding such as murder,rape, man slaughtering, culpable homicide, etc. Prosecutor is the one on which the burden ofproof lies when a criminal case is initiated in Australia1. In this report Mr. Patterson's cases are being mentioned which comes under theQueensland Criminal Code of Australia Section 302(1)(a), regarding murder of John throughbeating him badly and causing severe bodily injuries to him and then leaving him in anunconscious state and under at the pavement and under section 302(1)(aa) for unlawfully killingof a two year old child Charlie by leaving the fence gate of the pool open inspite of knowing thefact that the child was playing outside and now he is appealing in the higher courts to provehimself innocent and not guilty of the murder.PART A1) Advice to Mr. Patterson in case of John As per this case, Mr. Patterson went to petrol pump as he ran out of petrol of his landmower, after getting the petrol suddenly from the side street John came and Patterson had tobrake to avoid the collision and then he drove parallel to John and pull over him, then afterpulling over he parked his car behind john's car and pulled him out. And started punching himharshly on the right side of the head and after he fell, Patterson then kicked on right side of hishead with his boots which were steel capped and left him on the road side in unconscious state.Then a lady came and collided with John due to which the electric scooter's Tyre hit John on hisleft side. The lady called the ambulance which took both of them to hospital. John was criticallyinjured, doctors could not save him and pronounced him dead.ElementsAs per the facts of the case, section 302 will be enough for extracting the elements.Person:1R v Cheshire (David William) 1991 WLR 844
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