Criminal Law & Procedure - Assignment

Criminal law &
procedure

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
1. Liability of Bethany's relation to crime mentioned in scenarios.............................................1
2. Are these allegations over Bethany's correct..........................................................................2
3. Defence action Bethany can take to protect and justify her act..............................................3
4. Related more legal matters which arise in this case................................................................4
CONCLUSION ...............................................................................................................................4
REFERENCES................................................................................................................................5
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INTRODUCTION
MAIN BODY
Case scenario: In following case, bethany and thomas were a married couple for more than 30
years of time. The relation they shared was not healthy and she was a victim of continues
domestic violence. There were several incidents reported for this case but bethany always
refused to give any evidence which could put him behind bars and stop this violence on her. On a
casual night bethany was preparing dinner expecting thomas by 6pm but he came by midnight.
She could sense that he is drunk and it will be very harmful and dangerous for her. She tried to
escape him by sleeping in guest bed room but thomas was on drugs and alcohol, which she
apparently realised after her said “I started taking ice recently and it’s given me special powers, I
know when people are trying to betray me”. He had a mindset of bethany is cheating on him and
is trying to kill her with food she prepared for him. That night thomas became extremely
violence and this made bethany realises that he might cause her grievous hurt or even more
things. She got scared and out of saving her self she found a cricket bat with which she hit him in
the chest. Due to this thomas became unconscious and started to chock and died eventually. She
became very scared and called the police, shivered to her spine she was not in condition of
giving her proper statement. The police charged Bethany with allegation of section s25A of
Crime act (Nsw) 1900 (Allen and et. al., 2016).
1. Liability of Bethany's relation to crime mentioned in scenarios.
The biggest liability that will be charged on her will be her reaction and action which she
never gave any reports against her in past, she used to cover his crimes and never gave any
statement against him. This was going on from several years and in the current scenario she
looks guilty in murder of her husband.
She has been charged under the section of section 25 of crime act 1900 which is explained
below:
25A Assault causing death: in this law it is stated that any person who dies due to intentional
hitting whole body or a specific part which will directly cause death, the maximum penalty for
imprisonment is of 25 years. It also includes killing by intoxication, drug abuse, alcohol, and
several other things (Ambos, 2016).
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In simple terms it defines 10 different scenarios which will come under this section. The
current scenario also accuses her over the fact that she has assaulted her husband and due to her
violence hitting from cricket bat he started chocking and died due to it. In this case there is a
clear sign indication towards & her sudden change and silence after thomas died will give more
weight in matter of bethany being murderer in eyes of law (Boister, 2018),
In several cases in Australia women who are actually the victims become the accused in
charges like such. Their is a whole lot of history under this chapter. It is been researched that
leaving house empty or ignoring such person also makes people with this psychological issue
crazy. Several cases are recorded where people have provided fact where victim is accused as a
murderer. One shall understand there are several misconceptions in such cases for which the
following concepts should be understood (Cryer, Robinson and Vasiliev, 2019).
Victim: this person has suffered on major levels because of a crime or illegal doings. Their are
plenty things which happens to a person such as harm or injury, harm caused through saving a
person who is getting harmed, a person financially depended on another person and all the
people who fall under the act of victims of crimes act 1983.
Society and judicial system should make several things to differentiate in both people and rightly
protect actual victim in this case.
2. Are these allegations over Bethany's correct.
As defines in the question above no, the charges put over bethany are totally wrong and she
should use her right also, protect ad claim her act to be an self defence in the case scenario and
not an assault to death (Dharmapala, Garoupa and McAdams 2016).
The most primary principles which govern and administer the victims of crime are mentioned in
victims of crime act 1994. Here, it is very clearly defined that all the judicial and other
government body authorities should take care. Be obligated by human rights act for treating each
individual accused of such charges with dignity and respect (Schmalleger, 2017).
Human right for victim's
A person who is been victim in past case and later is accused of being murder losses capability to
react and act properly in judicial proceedings. Such people should attain their right of seeking a
government lawyer because they don't have one. It is very important to seek a victims witness to
prove the case wrong and attain the rightful gain from it. Their is a proper procedure which is
given to explain and prosecute such people and understand the basic concept of governing
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principles which protect these people(Fox and Deltondo, 2019). Their are 3 important stages to
solve such criminal murder case mentioned below:
1. investigation stage: a victim who is charged with such crimes should be continuously be
informed about the charge sheet or investigation procedure results. They shall be
informed over the charges they have been accused of and should be provided a
clarification about it (Pound, 2018).
2. court stage: here the victim is presented in the court and his/her statement is taken next to
the magistrate. If here person pleads guilty then charges are applied over person and is
sent to jail. But if person accused pleads not guilty then a trail is run in matter.
3. after courts jurisdiction is passed: after all hearings and proceeding are finished the court
release a judgement against matter in which either person comes clean slate or is charged
with crime and put behind bars(Hernandez, 2016).
3. Defence action Bethany can take to protect and justify her act.
The main question which arises in such cases is that if its a self defence or a murder, many cases
people are just at the wrong time and wrong place and incidents happens. Such are not called
coincidence all time but they might happen . In this case the victim was a person who was being
abused and beaten for the last 30 years and due to such matter she was terrified to speak a word
against her abuser. In this case Bethany had several chances to claim charges against her husband
Thomas but could not gain perspective or courage ever to encounter him. In court cases after the
female partner kills her spouse tow major outcomes are predicted in case either murder
conviction or complete acquittal (Kirchengast, 2016). Their was an analysis made by some
university which stated that researched between years 1980 till 2000. in where 69 cases where
recorded where a women killed her husband due to continues domestic violence upon her.
The famous case of Susan falls 2010 murder case where she was charged in matter of
murdering her husband in sleep when he tried to threaten to kill her daughter. This act was taken
in account of defending her innocent child and being mother plus, only person who could stop it
in that condition was released with complete acquittal(What pushed Susan Falls to kill her
husband).
In 2005, Victoria in Australia has introduced a special law called defensive homicide. This
means to give freedom to women suffering from domestic violence.
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The act done by Bethany in matter falls under the explanation of self defence. She clearly falls
under the basic concept of a battered women and people have appealed to be not guilty of this
clause (Langsted and et. al., 2019).This actually is a syndrome a person has in this case a person
becomes constantly conscious on fact that they are continuously harmed and abused physically
and mentally. This harm is causing women such syndrome in which their final reaction is so
violent that even they do not realise their actions themselves. Women who suffer from such
disorder which is same scenario with Bethany. Their are majorly always such concepts in these
cases. Here, in this case Bethany should plead not guilty in her court proceedings and due to this
concept and several on record cases in documentation she will definitely get released and not be
made accused in the case she should be treated as victim and should be given medical treatment
for her case (Peers, 2016)
4. Related more legal matters which arise in this case.
As per the stated that case scenario, it has been analysed that Bethany has not taken legal
action against his husband at the first when he had physically abused her (Peršak, 2016).This was
the first was mistake done by Bethany as she has ignored wrong behaviour of Thomas. At next, it
can be said that Bethany has indulged into another self faulty situation as even after observing
constant domestic violence from her husband's she has not taken any legal help. Both the
situations has made case of Bethany very weak (Ormerod and Laird, 2018). Moreover, it has
also been observed that this lady is not even understanding density of the situation as even after
police has claimed case on Bethany, she has not even spoken single word in order to make her
case stronger. Thus, it is advised to Bethany to present her perspective in front of government for
securing herself unless she will be treated like murderer.
CONCLUSION
This file consists a proper gist of understanding variable of crime which is domestic
violence (Peers, 2016).Generally, women are main victims in this case. The basic concept of this
file is to understand basic concept of why such situation happen and what are consequences of
this case. The victims are looked as accused and they are being justified as to be the murderer. It
also consists several methods and remedies through which women will be protected from such
laws and judiciary proceedings.
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REFERENCES
Books and journalsAllen, R. J and et. al., 2016. Comprehensive criminal procedure. Wolters
Kluwer Law & Business.
Ambos, K., 2016. Treatise on International Criminal Law: Volume III: International Criminal
Procedure. Oxford University Press.
Boister, N., 2018. An introduction to transnational criminal law. Oxford University Press.
Cryer, R., Robinson, D. and Vasiliev, S., 2019. An introduction to international criminal law and
procedure. Cambridge University Press.
Dharmapala, D., Garoupa, N. and McAdams, R. H., 2016. Punitive police? Agency costs, law
enforcement, and criminal procedure. The Journal of Legal Studies. 45(1). pp.105-141.
Fox, R. G. and Deltondo, N., 2019. Victorian criminal procedure: state and federal law.
Federation Press.
Hernandez, C. C. G., 2016. What Is Crimmigration Law. Insights on L. & Soc'y. 17. p.22.
Kirchengast, T., 2016. The victim in criminal law and justice. Springer.
Langsted, L.B and et. al., 2019. Criminal law in Denmark. Kluwer Law International BV.
Ormerod, D. and Laird, K., 2018. Smith, Hogan, and Ormerod's Criminal Law. Oxford
University Press.
Peers, S., 2016. EU Justice and Home Affairs Law: EU Justice and Home Affairs Law: Volume
II: EU Criminal Law, Policing, and Civil Law. Oxford University Press.
Peršak, N., 2016. Legitimacy and trust in criminal law, policy and justice: Norms, procedures,
outcomes. Routledge.
Pound, R., 2018. Criminal justice in America. Routledge.
Schmalleger, F., 2017. Criminal justice. Pearson.
What pushed Susan Falls to kill her husband, 2010 . Provided (Online) Through:
<https://www.couriermail.com.au/news/queensland/what-pushed-susan-falls-to-kill-her-
husband/news-story/117d51307073c5e2eb32ded9a8686ab4?
sv=b698ac1aaa8d6dead60bcc65f032c699>
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