Digital Forensics: Project Objective, Evidence and Investigation

This article discusses the project objective, evidence and investigation in Digital Forensics. It covers the actualities, issues, presumptions, tolerability and witnesses involved. It also provides insights into hearsay and investigation techniques used. The article is relevant for students studying Digital Forensics and related courses.

Digital Forensics

Table of Contents
1 Project Objective based on Evidences............................................................................1
1.1 Actualities...................................................................................................................1
1.2 Issues...........................................................................................................................2
1.3 Presumptions..............................................................................................................2
1.4 Tolerability and Witnesses........................................................................................2
2 Evidence............................................................................................................................3
2.1 Hearsay (HS)..............................................................................................................3
2.1.1 HS manage's Exceptions:..................................................................................6
3 Investigation......................................................................................................................7
3.1 Use of Autopsy tool to Create Case file...................................................................7
3.2 First Survey..............................................................................................................13
3.3 The Phase of Documentation..................................................................................13
3.4 Evidence Searching.................................................................................................20
4 Witnesses Report............................................................................................................25
4.1 Character Evidence (CE)........................................................................................26
4.2 Opinion Evidence (OpE).........................................................................................26
4.3 Real Evidence...........................................................................................................27
4.4 Supporting Evidence and important facts............................................................27
4.4.1 Sufficiency.........................................................................................................29
4.4.2 Rhetorical Devices............................................................................................30
4.4.3 Probability of conviction..................................................................................31
4.4.4 Plea Bargaining................................................................................................32
References...........................................................................................................................32
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1 Project Objective based on Evidences
The reminder speaks to the potential issues of acceptability of the confirmations alongside the
competency of witnesses. It additionally surveys the proof's quality and the approach which
could be considered with the reaction of the charges.
1.1 Actualities
 The blamed (Lauris Gulbis) is blamed for endeavoring sexually bothered attack on his better
half (Agar Gulbis).
 Agar has scarves of consumes on her bosoms, utilizing a lit light.
 There are numerous confirmations to demonstrate that the charged, Lauris has made all the
damage Agar.
 There are additionally sees who bolster Agar.
 The feelings had not been revealed to the Law Society of Scotland.
1.2 Issues
 The memorable decision expresses that a spouse could be charged for assaulting their wives,
notwithstanding when the couple live respectively.
 The spouse who is sentenced the rape can be put into criminal preliminary.
1.3 Presumptions
 According to the Scotland Act of 2009, sexual offenses are improved by the Scots law, which
assists with the assent and gives affirmation that from the casualty physical opposition isn't
required, for the offense to be conferred.
 Lauris can be sentenced as an assault denounced.
Hence, as indicated by this Act, Agar could have grumbled right in 2015 and the issue could
have not expanded by any means.
1.4 Tolerability and Witnesses
The witnesses are recorded beneath:
 Sergeant Elspeth Sawyer, Police Scotland Domestic Violence Unit, Glasgow
 Mary Moran
 Ronnie Atkins
 Darren McPhee, proprietor of "Darren's Dodgems
 Mrs Inese Rubenis (Agar's Mother)
Under Criminal Justice (Scotland) Act 2016, the accompanying will be recorded:
 Arresting time and place.
 Nature of the offense.
 Arresting reason
 By whom the individual was informed concerning rights
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 Name
 Date of Birth
 Place of Birth
 Nationality
 Person's Address
 Reply by the Arrested Person.
 Time and place of the place transported to.
In custody Authorisation from Criminal Justice (Scotland) Act 2016, Lauris at first is 'Not
Officially Accused' and will be sent for an arrangement of tests, in light of the doubt
(Legislation.gov.uk, 2018).
2 Evidence
2.1 Hearsay (HS)
HS administer: The proof of objection is permissible compatible as indicated by s 66
for the Evidence Act. Since, for the confirmation of the charged or the rape complainant. It is
an outstanding proof for the HS run the show. Just when the protest is, fresh in the memory, it
is acceptable. In view of the Evidence Act, the High Court considered the 'new' hours and
days rather than many months (Graham v The Queen at 608 [4]). The protests that are
verifiable aren't permissible until the point when it has some reestablished complainant's
validity in accordance with s 108(3). Kara Shead, 'Reacting To Historical Child Sexual
Abuse: A Prosecution Perspective on Current Challenges and Future Directions' (2014) 26
Current Issues In Criminal Justice.
On twentieth March 2018, the reports gave from the Psychiatrist, Diana Donaldson,
MD, ChB, PhD, FRCPsych, propose that an accomplished master has analysed Mrs Agra
Gulbis. The advisor expresses that there are extraordinary post-unpleasant forcing issues that
are making Agar always endeavour to suicide. Mrs Gulbis was admitted to Gartnavel Royal
Hospital as a psychological patient on 26th February 2018, from Gartnavel General Hospital.
Her psychological prosperity rotted through and through on 25th February after a visit by her
close-by neighbour. As indicated by the examination of Agar today, the court is accounted for
about her present condition and it is to a great degree conceivable that this will dangerously
build her foolish slants, paying little respect to whether she needs to give demonstrate with
the upside of extraordinary measures. Also, Mrs Agar Gulbis is a patient in the doctor's
facility named as, Gartnavel Royal, under the Mental Health (Care and Treatment) courses of
action in light of the (Scotland) Act 2003 (Legislation.gov.uk, 2018).
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According to 25th February 2018, the declaration of Dr Edna Evans, MD, ChB, FRCP,
the Consultant Physician of Agar from the healing facility, Gartnavel General Hospital
Glasgow, expresses that, on twentieth February 2018 at 9.00am Agra Gulbis is affirmed to
have had sex in the previous 12 hours, in light of the fact that the semen hints of her
significant other were found in her vagina. This demonstrates Lauris is a denounced. Then
again there were wounds on the lower arms and shoulders of Agar Gulbis. These wounds are
caused because of constrained sexual endeavour. Besides, Agar's left half of the head was
wounded, because of being reliably struck to a limit instrument. Indeed, even consume scars
to her left side bosom is discovered, which is around 2 inches square. This damage may be
caused somewhere in the range of two and quite a while from now, with a question like a lit
light. The damage doesn't appear to be inadvertent.
The declaration of Pat Boyd, BSc, PhD, Police Scotland Forensic Scientist's provide
details regarding 28th February 2018 demonstrate the outcomes against Lauris. For instance
the DNA test, fingerprints, hair sections and the blood buildups found on the bronze table
light.
Mary Moran's declaration express that she scorned Friday nighttimes in perspective of Lauris'
shouting, which she could hear through the divider between the two rooms. She didn't get
much lay on any Friday night till it was 3.00 am of Saturday. Regardless, things went to a
bona fide head on the nineteenth of February – that was a Friday. She couldn't find the
opportunity to rest. There was shouting and turmoil from the minute Lauris entered home
from the bar. At some point or another, Mary heard Lauris say that, when thought about ot
her secretary, Agar isn't great and he sounded more contemptuous than angry and it was even
upsetting. I enquired about Agar through phone, however she found no reaction. Simply
following 15 minutes she got a call from Agar, which was to a great degree difficult to hear.
Be that as it may, Mary comprehended that Lauris was napping and it was all great presently,
yet at the same time Agar was crying fiercely and she was frightened and said "Indeed, much
obliged". She at that point assembled her fearlessness to go round to Agra's home to see she
was okay and found the police there.
From Mary's assistance the police got numerous letters from a little bureau. Among a
few letters, there was a letter from Lauris to Agar, which expressed, "The more I hit you, the
more you see sense. It's a turn on, too". The cop swung the letter to Lauris and asked, its
importance, to which Lauris replied, "Precisely what it says". This demonstrates Lauris
concurs that he tormented Agar. At that point, the light was discovered, which was the
confirmation for Agar's scars.
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The declaration of Sergeant Elspeth Sawyer, Police Scotland Domestic Violence Unit,
Glasgow express that he had interacted with Agra Gulbis, in the mid-year of 2015, when
Agar Gulbis went to the police home office whimpering that the denounced had influentially
removed her pieces of clothing to get to her chest and she had then been seared there with a
light. Agar didn't offer opportunity to see her chest and declined to complete any examination
by the police master, in light of the fact that the denounced was his significant other. She in
like manner declined to help any charges against his better half saying something like, "I
can't. She also attested not to have any buddies or family who could empower her and help
her. Agar was distinguished to have every one of the signs of a battered woman: old injuries
about her body; dull glasses in all probability covering a wounded eye. She was only 5 feet
tall, and unequipped of dealing with her conditions. The officer couldn't do anything, as she
was not supporting the cops. So the focuses noted at from Agar's announcement were
decimated following two or three months, when she didn't turn up (Cps.gov.uk, 2018).
Again on twentieth February 2018, the cop were informed about the occurrence in
Agra Gulbis' home, where she was discovered harmed. The denounced Lauris was flushed
and sat on a seat.
As indicated by the declaration of Constable Hobbins, Lauris was blamed for s 48 for
the new Criminal Justice (Scotland) Act 2016 (the 2016 Act), for having a grill marking iron
in his pocket of the reprimanded jacket. Further, Lauris expressed that, "I need to control the
bitch, don't I?", he said. By then, subsequent to halting for a minute and a chuckle he
expressed, "What do you think, you fat bitch. He declined to reply to any inquiries from the
cop. In view of s 32 (4) and (5) of the 2016 Act he was addressed. He blamed Agar for
attacking him and to shield himself he hurt Agar. Lauris likewise expressed that he has got
his name on the grill bar and Agar now and again jump at the chance to get singed, in places
which are not obvious to the general population. He bladed her that, she isn't the small
blameless. Thus, he had consumed her now and again and demonstrate her who the manager
is. Lauris doesn't discover anything incorrectly in this.
The declaration of Mrs Inese Rubenis demonstrates that her girl was not upbeat in her
marriage, as she saw her little girl Agar being dismal directly in the wake of bringing forth
Bo.
As per the declaration of Darren McPhee, proprietor of "Darren's Dodgems" He theorized
that there were kids who were messing near and endeavouring to hamper speed limiters on
the autos. He didn't know why they weren't in school. Agra Gulbis was there with her little
girl and were getting a charge out of with each other. Out of the blue, one of the unruly kids
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ran straightforwardly into Agra's auto. The auto was going so quickly that it got out the floor
and ended up half over Agra's auto. The edge of the windscreen had hit Agra fittingly on the
left 50% of her face and when Darren found her she was wedged in, and endeavouring to
guarantee herself and her little girl. The kids fled and I was to a great degree worried, in spite
of the way that it wasn't my fault. Darren took Agra and the little young woman into my band
and gave them tea and juice. Her head wasn't depleting yet she was fairly stupified. Darren
could see she was better so he gave her a pack of solidified peas to put on it. She said that she
didn't need to see an authority. She was harmed in her shoulder. Agar was not ready to move
her best down or anything. She was to some degree mortified and I might not want to drive it.
Things were adequately terrible. Later she felt much better soon. Darren gave her and the
little one a lift home after around a hour to unwind and was cheerful that she might not want
to take it any further, in spite of the way that it wasn't my fault.
Be that as it may, the fundamental motivation behind driving is sentence the blamed
with criminal preliminaries and demonstrate him blameworthy in the court. Every one of the
verifications are against Lauris and Even the announcement of Agar after the last occurrence
is cross checked and assessed, to rebuff the criminal. Additionally, the confirmations against
Lauris are non-exculpatory.
The Scotland law has change its scot law for supporting the sexual offenses against
ladies (Rape Crisis Scotland, 2018).
2.1.1 HS manage's Exceptions:
(i) Res gestae: Scotland law's used articulations.
Statutory: Section 1 of the Sexual Offenses (Scotland) Act 2009, s 48 of the new Criminal
Justice (Scotland) Act 2016. Lauris was introduced in the court under the Section 28(2) or
(3), from the Criminal Procedure (Scotland) Act 1995, Under Section 288C of the Criminal
Procedure (Scotland) Act 1995, Lauris can just take a legal counselor and can't safeguard
himself as a legal advisor. Under Section 18 from the Criminal Procedure (Scotland) Act
1995, outside body parts impressions and prints of the suspect will be gathered in light of
Section 1 2016 Act (Gov.scot, 2016).
In light of the Criminal Justice (Scotland) Act 2016, Lauris who is the suspect will be given
the privilege to have legitimate exhortation, before the Scotland Police begins addressing
(Mygov.scot, 2018) (Legislation.gov.uk, 2016).
(ii) Statements by blamed
- Consensual Act,
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- Reply to charge.
Res gestae consolidates enunciations and the included individuals' direct, to watch their
exercises, which the accuses distinguish of. The announcement ought to be firmly related to
the action or the circumstance, with the end goal that some bit of the thing being done instead
of a subsequent proclamation can be confined. Res gestae is conveyed completely, alongside
the unconstrained clarifications which are expressed when the circumstance or the occasion
has happened. As a result of its procedure with influence and restrictively, concerning only
that which was a bit of the show (MacAskill, 2013).
From the confirmation in court, Lauris is rebuked for hurting Agar. Proclamation acceptable
if:
o There is fulfillment that every one of the confirmations are unessential.
o If it is conceivable that the denounced may run self-protection for the barrier,
against every one of the Charges.
o That the charged, is a qualified legal counselor. In any case, he can't choose to
protect himself under the Section 288C of the Criminal Procedure (Scotland) Act
1995 (Legislation.gov.uk, 1995).
o Then again, when he was 19 years of age and keeping in mind that still lived in
Latvia, was sentenced on two or three separate charges of rape, which included
consuming a woman with a lit cigarette lighters near her bosoms. These feelings
were not unveiled to the Law Society of Scotland.
3 Investigation
The information recuperation might be valuable to analyse in a broad assortment of
ways. The couple of Data remain present even after the Data destruction or USB
repartitioning. Moreover, there exists different choices for blameworthy gatherings with
specific know how to cover Data, by and large utilizing a USB supervisor, stenography, and
encryption and so forth. Discovering, recuperation and patching up of shrouded Data can be
an incredibly dull and grim process, at any rate once in a while it might make show that will
part the case. Keeping in mind the end goal to absolutely see how and why Data stay on a
plate, one ought to find a few solutions concerning anchoring Data in the USB.
3.1 Use of Autopsy tool to Create Case file
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Case Information are shown below.
Customer must require the case record for opening the given DD picture report. The
underneath gave screen catches and shows new case signs. In any case, type case name i.e.,
DMU-CSC066 and program the base inventory. By then, push on Next catch for entering the
optional information.
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At that point, pick the data hotspots for including the data hotspots for the presented
defence record. Thusly, select the unallocated space picture record and tap the accompanying
catch to proceed with the including the data sources. It is shown as takes after.
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For choosing the DD picture document, the information source way should be perused as
shown beneath.
Next, the DD picture record is designed for ingesting the modules. At that point, press Next
catch as showed beneath.
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Finally, the information sources are included and the Autopsy apparatus will investigate the
DD picture document, at that point squeeze Ok alternative.
The underneath outlined figure is used for showing the effectively investigated DD picture
document.
In any case, the DD picture record does not have the MD5 hash number. Thusly, it needs to
perceive by using the WinMD5 gadget. To begin with, customer needs to download the
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present the WinMD5 gadget. After, open the contraption. By then, scrutinize the DD picture
record. This strategy is shown as takes after.
Further, the WinMS5 device gives the estimations of MD5 hash to the given DD picture
record, as showed beneath.
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3.2 First Survey
In this area, the basic outline of the confirmation will be we will played out. Right off
the bat, the customer is required to make the catchphrases watchword for finding the
appropriate propelled affirmation on the DD picture record. The catchphrase of the
watchwords are shown as takes after.
3.3 The Phase of Documentation
In this area, right documentation is ensured which is either put away or used. Thusly,
check the correct record related to word reports and pictures. The gave picture contains 3
three word chronicles, where the underlying word report record includes 20480 records and
15 is the Internal ID, which is shown as takes after.
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18

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3.4 Evidence Searching
In this area, we unscramble and after that distinguish the vital propelled evidence. Along
these lines, look at comfort list results. It is exhibited as takes after.
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23

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Finally, each verification is put in the USB drive and explored reports are recreated or
moved into the USB drive by means of, PC. Thusly, this PC needs to investigate and it may
reveal the clusters of more profitable verification. It is used to enable to imitate the activities
that made these records exist.
4 Witnesses Report
There is a strong confirmation against Lauris, which is particular and there is most
likely that the introduced witnesses have expressed any false proclamation. The witnesses
have expressed reality and they have no conceivable advantage, to tell a lie. To help the
announcement of alternate witnesses, the announcement of Sergeant Elspeth Sawyer, Police
Scotland Domestic Violence Unit, from Glasgow, assumes a noticeable part. Notwithstanding
the way that, a portion of the witnesses like the mother of Agar, Mrs Inese Rubenis and
Ronnie Atkins have issue to talk English, yet this won't bar them– if vital, a go between may
be dispensed to help with correspondence. The witness Ronnie Atkins is excessively youthful
and at the season of episode shew was excessively youthful. Indeed, even this won't hurt the
announcement of the witness.
Lauris is held liable from his own particular letter which was found by the police from
the Gulbis' home, which expresses, "The more I hit you, the more you see sense. It's a turn
on, as well". There are more possibilities that, Lauris is held liable. Notwithstanding whether
it was consensual for a couple to do as they wish for fulfilling their sexual needs. The
announcement given by Mary Moran bolsters Agar and not Lauris. Subsequently, the
consensual needs to fulfill their requirements can be disposed of.
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In any case, Agar has denied that, the sex between them was not consensual and therefore it
will be considered as Rape as indicated by the Scotland law Act 2009.
4.1 Character Evidence (CE)
CE, alongside the entire data of the person's past feelings and their notoriety, is
exceptionally prohibited. On account of guarantee issue. In this way, the proof that Lauris
and Agar wedded each other with their own particular wish doesn't bolster him. Since, right
front he birth of Bo, there have been episodes experienced with confirmation that express that
Agar isn't content with Lauris. The principal confirm is Agar's mom who have seen Agar
being dismal, and have heard Agar revealing to her that she was harmed by Lauris on her
private part. This episode is noted directly in the wake of bringing forth Bo (Lauris and
Agar's Child). Be that as it may, her mom don't have the foggiest idea about the correct place
where she was harmed. CE could be that as it may, can be conceded where:
 Has issues in his lead and can be charged (s101(2) CP(S)A1995);
 Committed Rape.
Agar is a basic and a modest woman who needs wouldn't like to bring his significant
other's name out, to the police for harming him. She isn't a kind of woman who renders
retribution or needs to control his better half. Her character is spotless, which is clear from
the neighbour’s assertion of mouth.
Lauris has no criminal records and is perfect. The main thing that is known is that, he
has changed after the introduction of their child, which is apparent from his conduct. His
disappointment in profession and monetary pressure has made him fierce. He has a tendency
to get bothered when their child cries and gets exasperates. Coming about to point the finger
at Agar for not utilizing the prophylactic and destroying his life. This demonstration of
conduct is apparent by their neighbour, Mary Moran.
In any case, it isn't realized that when he was 19 years of age and when he was still
lived in Latvia, was indicted on a few separate charges of rape, which included consuming a
woman with a lit cigarette lighters near her bosoms. To the Law Society of Scotland, these
feelings were not unveiled.
4.2 Opinion Evidence (OpE)
OpE, alludes to the deductions from the substances instead of a direct record of what a
witness has seen or heard, which is ordinarily unsuitable. In this manner, the confirmation
about Mary Moran on twentieth walk 2018 was permissible. Be that as it may, there are
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conceivable outcomes of making a curve in the story that Mary was against Lauris and
needed to rebuff him for individual retribution.
4.3 Real Evidence
Genuine proof is permissible when legitimately acquired. As needs be, to the legal division's
reports, the DNA, blood test, fingerprints et cetera are considered as related and are
allowable.
Approach
 Burdens and Standards of Proof
o The indictment holds the evidential and powerful weights. The evidential
weights infers they simply require leasr confirmations for bringing any issue
up in the court (Jayasena v R); regardless, powerful weight requires to exhibit
a conclusive probandum past sensible vulnerability (Lambert v HMA). In
case, the jury is left with question which are more than 'distressing/unusual'
and it must be cleared (Irving v Minister of Pensions).
 Consensual Act
o In light of the suitability, the confirmations which bolsters the barrier are as
per the following:
o Lauris' announcement with respect to grill pole utilized on Agar.
o Lauris' conduct towards Agar, by her neighbor.
 Corroboration
o The imperative realities, for the recognizable proof of wrongdoing the actus
reus and mens rea are utilized to distinguish the criminal. In this manner, the
actus reus and mens rea are legitimized by the arraignment (Lockwood v
Walker), at the end of the day, the confirmations are demonstrated in light of a
few autonomous sources (Morton v HMA). The confirmation isn't required to
be the immediate proof, anyway it could be fortuitous (Smith v Lees).
 Under Section 7 Authorisation won't, Lauris wil be accused of the offense and can be
confined from safeguard conditions (under Section 28 (1A) Criminal Procedure
(Scotland) Act 1995) (Legislation.gov.uk, 1995).
4.4 Supporting Evidence and important facts
Charge 1:
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Attacking Agra Gulbis, at that point on her extreme damage on her bosom constrained
against the lit light.
Actus Reus: If Mary Moran denies that there were any local strikes occurring in the
nearby, at that point Lauris could be liberated.
Mens Rea: If Mary Moran's announcement is associated with alternate witnesses, at
that point there is have to create new and clear confirmation, to condemn discipline to Lauris.
Recognizable proof: If Lauris admitted at that point, no support is required (Stewart v HMA).
Charge 2:
Charge of sexual offense on Rubenis or Gulbis, at the Flat 2/R 18 Afton Terrace,
Clydebank, on nineteenth or twentieth February 2018. This backings the Section 1 of the
Sexual Offenses (Scotland) Act 2009.
Actus Reus: If Agar demonstrates that she was not prepared to have sexual
association with Lauris because of his conduct, at that point the sexual connection between
the couple will be considered as assault.
Mens Rea: If the reports demonstrate that the wounds on Agar were reliably with
being compelled to engage in sexual relations, at that point Lauris is considered responsible
can be indicted.
Lauris will be captured under the Section 288C from the Criminal Procedure
(Scotland) Act of 1995, for sexual offense. He will be educated about the court procedures
and it must be led with the assistance of a legal counselor as it were.
Under Section 18 from the Criminal Procedure (Scotland) Act 1995, Lauris' palm
prints, fingerprints and different impressions and prints of the outside body parts will be
gathered is captured under Section 1 2016 Act.
Charge 3:
More than once striking on Agar on twentieth February 2018, at Flat 2/R 18 Afton
Terrace, Clydebank, utilizing a table light, on her extreme damage.
Actus Reus: If Lauris' conduct towards Agar is ended up being ill bred then he can be
gotten hold for aggressive behavior at home on Agar. Mary, their neighbor is the witness who
have heard Lauris abusing Agar. In the event that this is demonstrated at that point, Lauris
can be condemned to imprison for a long haul, as it demonstrates a great deal of tumult
against Agar. This could be considered as the purpose behind a miserable relationship.
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Mens Rea: If the scientific report are demonstrated that the light was utilized for
harming continually on Agar, at that point he is indicted without a doubt.
Distinguishing proof: The reports have been recognized to have purposeful power and
damage on Agar, by always striking on her.
Charge 4:
Almost 18 Afton Terrace, Clydebank, Lauris had a hostile weapon, for example, grill
meat marking iron which had his name on it and this in opposition to the Section 47 (1) of the
Criminal Law (Consolidation) (Scotland) Act 1995.
Actus Reus: The announcement of the witness Mary Moran, and Sergeant Elspeth
Sawyer, Police Scotland Domestic Violence Unit, Glasgow are solid verifications that gives
substantiated prove with respect to association of making hurt the Agar. Then again, Darren
McPhee, proprietor of "Darren's Dodgems' announcement additionally shed some light on the
ambushes of Agar.
Mens Rea: See Charge 1 thinking.
In the event that Agar gives her oral confirmation and is fit for persuading the cops
that Lauris had never hurt her at that point, there won't be any body of evidence against
Lauris in spite of other clear verifications.
ID: The therapeutic and legal reports are the verification for the announcements of the
witnesses and Agar, against Lauris.
On the off chance that BJ can't recognize Lauris in court and the grill pole, this might
challenge, however it was expressed by Lauris himself that it is his grill meat marking iron
bearing, and furthermore had Lauris' name on it. Over this, it had tissues wrapped alongside a
receipt from John Lewis and a plastic sack. This evidence is cross checked, in view of the
receipt.
4.4.1 Sufficiency
In spite of, if the confirmations are against Agar, there are adequate confirmations to
verification that agar was not tormented by Lauris. There are no confirmations that show
Agar hurt herself. Indictment may experience trouble in protecting Lauris. As the sexual
offense is a genuine wrongdoing and has been improved by the Scotland law Act 2009. The
charged will be rebuffed severally. He can challenge since Agar was concealing it before
about the savagery she experienced. Depiction might be addressed as:
 Earlier, Agar concealed her inconveniences from the police.
 She had nobody to ask help.
 She felt desolate and powerless.
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 She was frightened of Lauris.
Weightage gave to the confirmations of Agar are high as there are no supporting
confirmations to encourage Lauris. Agar is considered in charge of the accompanying:
 Hiding about the issues inside her marriage.
 She was chipping away at her marriage.
Agar may be question on why she needed to experience all the harsh stage inside their
marriage with Lauris. English dialect can be worsen issue here for a portion of the witnesses.
4.4.2 Rhetorical Devices
Hypothesis:
 Lauris hurt Agar, deliberately.
 Lauris have submitted every one of the offenses recorded in Charge 1, 2, 3 and 4.
 Lauris trusted that anything can be done by him with his close one. Because, she is believed
to be his property.
Subjects:
 Lauris – is an individual who isn't happy when it comes to his life, regarding instruction
disappointment directly after their first child.
 Lauris–is husband of Agar who loved and married her whole heartedly.
Story
2015 in summer
 It’s obvious that, the Sergeant Elspeth Sawyer, Police Scotland Domestic Violence Unit,
Glasgow realized that Agar, was confronting abusive behavior at home, from her better half.
 He saw Agar in the police central station whimpering and being terrified of her better half.
 He saw Agar in a crushed circumstance, with old injuries and wounded eye.
 Agar declined to have therapeutic examination to assess her chest and declined to complete
any examination, against her better half.
 The officer gives verification that Agar was frightened of her husband and rejected to file
complaint against him.
 However, reestablished complainant's validity according to s 108(3) is missing and this
announcement will not be considered.
Twentieth February 2018
 The cop were advised related to the occurrence in Agra Gulbis' home.
 Agar was discovered harmed.
 The blamed Lauris was flushed and was perched on a seat.
 Lauris had grill marking iron in his jacket's pocket.
 Lauris, alluding to Agar expressed that, "I need to control the bitch, don't I?",
 He blamed Agar for striking him and to shield himself he hurt Agar.
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 Lauris acknowledged that he had consumed her now and again to demonstrate her who the
supervisor is.
Twelfth March 2018
 It is apparent from Darren that Agar was not harmed gravely from the incident happened
when one rowdy kid ran straightforwardly before Agra's auto.
 She was harmed on her shoulder, her head wasn't draining and she couldn't move her best
down or anything.
 It is likewise clear that after some time she was fine and left the place.
Fifteenth March 2018
 Mrs Inese Rubenis, Agar Mother's announcement is the confirmation that her girl was harmed
in her reproductive organs by Lauris be that as it may, she don't know precisely where.
Twentieth March 2018
 It was clear that, Mary was a witness who heard Lauris say, Agar isn't precisely extraordinary
for him when contrasted with his secretary and he sounded more scornful towards Agar.
 The articulation of Ronnie Atkins' was additionally against Lauris, as she heard Lauris
harming Agar.
23th February 2018
 At last, Agra at Gartnavel General Hospital Glasgow told clearly about Lauris and how he
hurt her.
 Restorative reports and criminological reports are the evidences of what the statement
provided by Agar about Lauris, which matches and is the proof of harm caused to her.
4.4.3 Probability of conviction
Charge 1:
On the off chance that, the admission is conceded, there are high shots that Lauris will
be indicted. In the event that Lauris contended that Mary Moran is against Lauris and did not
have mens rea, thinking about that, because of her declaration, he is in a bad position.
Charge 2:
There may be little extension for not defending Lauri's wrongdoing. Additionally, it is
conceivable to raise sensible uncertainty by the recommended prove supporting protections.
Be that as it may, all relies upon affirming Lauri's with the accompanying:
 Lauris can be charged for assault.
 All the witnesses are against Lauris.
 There is no single confirmation to help the acquisitions of Lauris, against Agar.
Charge 3:
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Conviction could rely upon the conviction in Charge 2, gave there is no absence of
confirmation to distinguish the evidences.
Charge 4:
Because of direct confirmation against Lauris, likely conviction isn't conceivable.
Capacity to do as such relies upon acceptability of proof talked about under weights.
Regardless of whether conceded, whether sensible uncertainty can be raised is hazy since it
turns on witness validity.
As a result of direct affirmation against Lauris, likely conviction is certain. Conviction
could depend on appropriateness of confirmation by the witnesses and the confirmations.
4.4.4 Plea Bargaining
Contingent upon the above charges, it is prescribed that Lauris must concede from the
Charge 2 and 4, the indictment can drop the Charge 1. There is no degree for exoneration
from the Charge 3.
References
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Cps.gov.uk. (2018). Rape and Sexual Offences. [online] Available at:
https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-2-sexual-
offences-act-2003-principal-offences-and [Accessed 18 Sep. 2018].
Gov.scot. (2016). Consultation on regulations to modify Part 1 of the Criminal Justice
(Scotland) Act 2016 to deal with arrests which do not relate to criminal offences and
arrests under warrant. [online] Available at:
https://www.gov.scot/Publications/2016/10/3094/3 [Accessed 18 Sep. 2018].
Legislation.gov.uk. (1995). Criminal Procedure (Scotland) Act 1995. [online] Available at:
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https://www.legislation.gov.uk/ukpga/1995/46/contents [Accessed 18 Sep. 2018].
Legislation.gov.uk. (2016). Criminal Justice (Scotland) Act 2016. [online] Available at:
http://www.legislation.gov.uk/asp/2016/1/enacted [Accessed 18 Sep. 2018].
Legislation.gov.uk. (2018). Sexual Offences Act 2003. [online] Available at:
https://www.legislation.gov.uk/ukpga/2003/42/section/1 [Accessed 18 Sep. 2018].
MacAskill, K. (2013). CRIMINAL JUSTICE BILL. (Government Bill).
Mygov.scot. (2018). Rape and sexual assault in Scotland. [online] Available at:
https://www.mygov.scot/rape-assault/ [Accessed 18 Sep. 2018].
Rape Crisis Scotland. (2018). Sexual Offences (Scotland) Act 2009 now in force. [online]
Available at: https://www.rapecrisisscotland.org.uk/news/news/sexual-offences-
scotland-act-2009-now-in-force/ [Accessed 18 Sep. 2018].
THE SEXUAL OFFENCES ACT. (2011). [online] Available at:
http://moj.gov.jm/sites/default/files/laws/Sexual%20Offences%20Act.pdf [Accessed 18
Sep. 2018].
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