Resit Assignment Solution (Doc)
Added on 2021-04-17
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RESIT ASSIGNMENTMEMORANDUM
MEMORANDUMTO: ABC, JudgeFROM: ABC, Advocate DeputeDATE: 27th July, 2018SUBJECT: A sexually assault case filed on Lauris Gulbis against his wife AgarGulbis.Aim and ObjectiveThe main aim of this project is to prepare a memorandum that represents thepotential issues related to the admissibility of the evidences as well as the witness’scompetency. The objective is to evaluate the strength of the obtained evidences and theconsidered approach along with the charges’ response.Identified Facts:(i)Lauris Gulbis is indicted for attempting sexual abuse and assault on his wifeAgar Gulbis. (ii)Agar Gulbis had wrapped up her burn breasts and it was by a lit light bulb.(iii)To prove that Agar Gulbis had harmed by his husband Lauris, there are lotsof evidences caught by police.(iv)To support Agar, several witnesses were caught.(v)The opinions had not been revealed to the Law Society of Scotland.Identified potential Issues(i)According to the statement of historic rule, if a husband is raped his wife thenhe should be charged even they are living together.(ii)The husband who attempted sexual assault to be laid into criminal act2.Expectations1
(i)The Scotland Act of 2009 states that Scots law changed the sexual violationlaw. It helps along with the approval to provide the confirmation for theviolation committed from the victim physical resistance is not required.(ii)In this case, Mr. Lauris Gulbis is indicted as an accused.So that, based on the above stated Act, Mrs. Gulbis could have filed a complaintagainst his husband in 2015 and the issue could not have bigger.Admissibility and WitnessesThe witnesses caught who are favor of Mrs. Agra Gulbis are given below. 1.Mrs. Inese Rubenis who is mother of Agar Gulbis2.Ronnie Atkins3.Sergeant Elspeth Sawyer who is working in Police Scotland DomesticViolence Unit at Glasgow4.Darren McPhee, who is proprietor of Darren's Dodgems5.Mary MoranAccording to the Scotland Criminal Justice Act of 2016, the below listed thingswere documented.The time and place of arrestingType of violenceThe reason for arrestingBy whom the person was advised of rightsName of the accusedAgeBirth DateBirth placeNationalityAddress of the Accused PersonStatement given by the Arrested personThe time and Place conveyed to2
According to the Arrest Authorization from Criminal Justice (Scotland) Act 2016,at initial stage, Mr. Lauris Gulbis is declared as 'Not Accused Officially'. He will beallowed to a set of examinations based on the suspicion.Possible issues in given Case(1)Hearsay (HS)According to the Evidence Act Scotland 20163, for the complaint, the evidencewas admissible pursuant. This evidence is because of Gulbis was accused for sexualassault complaint. So that it is considered as the exceptional evidence for the rule ofHearsay. It is allowable while the complaint is hard in mind. According to the Act ofEvidence10, the High Court is reflected the fresh hours and days instead of weeks andmonths (Graham v The Queen at 608 [4]). Until the complaints has some pursuant to s108(3), the historical complaints are not allowable.Based on the study, the report is recorded from the Diana Donaldson, MD, ChB,PhD, FRCPsych. He suggested that Mrs. Agra Gulbis was examined by an experiencedspecialists. According to the statement given by the therapist, Mrs. Agra Gulbispressurized with many horrible issues. So that she attempted to suicide. On 26/02/2018,Mrs. Gulbis was admitted as a mentally affected patient in Gartnavel Royal Hospital.After 25/02/2018, she was totally affected mentally after visiting her neighbor. Based onthe analysis report, Mrs. Gulbis's present condition was reported by the court. It willimprove her self-destructive sentiments, regardless of whether she wants to prove alongwith the advantage of exceptional measures. The treatment was provided according tothe Scotland Act, 2003 Mental Health care and treatment arrangements.Based on the evidence grabbed on 25/02/2018, from Dr.Edna Evans, MD, ChB,FRCP, the Consultant Physician of Agar from the hospital, he provided some literalstatements. It says that Agra Gulbis was compelled to have sexual intercourse for thepast 12 hours. This was happened on 20/02/2018. He examined that on her hand therewas hurt on the forearms and shoulders of Agar Gulbis. While attempting sexualharassment by his husband, these wounds were happened. Her left side head was hurtbecause, her husband beaten up with a blunt instrument. Her breast was burn about 23
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