Solved: Criminal Law Assignment
Added on 2021-02-21
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Criminal Law
Table of ContentsMAIN BODY.......................................................................................................................................3Question 1. Observation..................................................................................................................3Question 2 Summarising of court activities.....................................................................................4Question 3 Preparation of memorandum.........................................................................................5Question 4 Explaining pre-trial procedures and the steps that has been taken place prior the topoint that has been observed in court...............................................................................................6Question 5 Sentencing options available to the court......................................................................7Question 6. Appeal avenues available.............................................................................................8Question 7. Concept of crime and purpose of criminal law.............................................................8REFERENCES...................................................................................................................................10
MAIN BODYQuestion 1. ObservationIn the case of DPP v Paul David Ryan, following is the statement which has been made bythe court in accordance with compliances of several applicable acts including the Sex OffendersRegistration Act 2004, the Sentencing Act 1991 and the Crimes Act 1958 for all the criminalactivities as conducted:'It has been recognised by the court that individuals who has committed harmful andendangering activities against the society or community in which they are living is considered asone of the most vulnerable act. On happening of such crime it creates invariable as well as negativeimpact having long term effect on the mind and soul of victims. Thus, it is required on part of thecourt to severely punish such criminals for the betterment of the whole community. This case isrelated with sexual abuse of young individual victims has to face as well as experience feelings suchas unjustified, embarrassed, shameful, guilty etc. because of crime conducted by criminal living inthe same society. Because of unethical, harmful as well as immoral behaviour of such criminals itimprints bad and depressed feeling among all the victims which remains with them for so manyyears.Likewise in the case of DPP v Paul David Ryan, the commission of all the offences made bythe offenders has not been exposed until long time period afterwards as prescribed. As per theopinion of Justice of the court for committing the offence of sexual assault, it is better to considerthe principle of General Deterrence. It is required to be assumed of very significant nature when itcomes to the situation of sentencing. By implementing Deterrence principle which states that forcommitting offence of harmful as well as endangering nature, it is very much important for thebetterment of offender to receive punishment which deter him from getting involved in the samecriminal activity. Punishment should be awarded to offender from the view point of preventing himfrom committing the same act in the future. Also, it is required on part of the court that for all the offences which were committed longtime ago shall be supported with one of the aim of punishment viz. Denunciation principle which isrelated with disapproval of an act on behalf of the society as expressed on the part of imposition ofpunishment given to the offenders for committing immoral act. It must be in support of thecommunity as well as society in which both the criminal as well as victims used to live defining theimportance of society values which is considered as of fundamental importance thereby having itsmain focus on protecting children and other individuals living in the society.
Question 2 Summarising of court activitiesThis study will highlight the summary of all the events that occurred at the County Court ofVictoria, Melbourne during the hearing of Case No. CR-18-00629 of Paul David Ryan on 18th July,2019. The case was fought between director of Public prosecutions and Paul David Ryan thereforeit was titled DPP vs Paul David Ryan. The judge of the case was her honour Judge Pullen.The case began after the prosecutor stated to the Judge that the accused was a trustworthyrelative of the victim and her parents and the disturbing act performed by him was absolutelyunacceptable and disturbing (McCausland and Baldry, 2017). The DPP further blamed the accusedwith the breach of trust as the parents of the victim believed and trusted the accused with theirchildren. The accused Paul David Ryan is a 70 year old Australian catholic Priest who attempted thisheinous crime between the age of 32-34 years. A brief history about Paul David states that in theyear 1976, he was appointed as a catholic priest and from the year 1980-85 he worked as anassistant at St Joseph’s Parish Church in Warrnambool and since then the priest indulged in criminalactivities and started assaulting the kids sexually. Moreover, the priest took wrong advantage of thepre-existing relationship he had with those children which was shameless. The accused had beenblamed for sexually abusing three victims who were of the age 15, 17 and 14 when this heinouscrime was happened to them. In all the three cases, the priest forced himself on the victims bymanipulating them and showing false trust on their parents (Quilter and et.al., 2016). Furthermore,the victims were approached by the priests in a Church which is considered to be a holy and sacredplace for everyone and lastly the prosecutor also charged Paul David Ryan for affecting the mentalhealth of these individuals and also stated that till today the victims suffer mentally. County Court of Victoria, Melbourne pressed the priest with criminal charges under sexoffenders registration act, 2004; Sentencing Act 1991 and Crimes Act 1958 and sentenced him fortwo years two months imprisonment and seventeen months non-parole period. The Priest acceptedthe charges and agreed with the court regarding the imprisonment and sentence charged to him. Hedid not move to high court for the same purpose.Question 3 Preparation of memorandumMemorandum Purpose of Memorandum: The main purpose of framing this memo is for reporting back and
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