Emami And Ishmal Case Study

Emami & Ishmal [2013] FamCA 735 (26 December 2013) is a civil law suit of Ms Ishmal having sole parental custody towards the three children. Main arguments in Ms Ishmal having sole custody of the children, is that the father has been convicted of several accounts of assault upon Ms Ishmal and an assault towards child A. These dates consist on June 2004, November 2006 and January 2011.
Assault is when the principal in the first degree, in this case Mr Emami, has caused a physical attack on or threatening to cause a physical attack towards the plaintiff, in this case Ms Ishmal. There are various types of assault in general, mainly consisting on: aggravated, common, incident and physical. But types of assault mentioned in this civil case are:

aggravated, common and physical.
To prove crime in general, the plaintiff must prove that the defendant has both mens rea and actus rea. Mr Emami must’ve had intentionally scared or threatened Ms Ishmal in being harmed, physically attacked or have made offensive contact.
Assault is an infringement to the Crimes Act 1990 (NSW) in division 8. The Crimes Act 1990 (NSW) is a statute which compiles numerous types of crime within NSW. In reference to the case study, Mr Emami has violated the Crimes Act 1990 (NSW), division 8, line 59 “Assault occasioning actual bodily harm”.
Numerous factors contribute to criminal behaviour. Factors that mainly lead to Mr Emami assaulting Ms Ishmal are: social and self-interest.
Social factors such as the way of upbringing and personal networks, can impact upon a person’s view of the law and lack of respect for it.

Individual raised or surrounded by people who possess a criminal behaviour, will be more likely to commit crimes as it is deemed socially acceptable to do so. This is seen from Mr Emami’s case and his conviction of several charges of assault towards Ms Ishmal in June 2004, November 2006, and January 2011. From the repeated offences and breaching the Apprehended Violence Order it is clear that Mr Emami believes that his actions are socially acceptable to do so. Mr Emami has denies violating the Apprehend Violence Order, assaulting Ms Ishmal and child A, however has not provided an alternate version of the scenario. It is clear Mr Emami’s criminal behaviour was lead from social

factors.
It is clear the Mr Emami’s self-interest has driven him obtaining criminal behaviour.

Self-interest can motivate an individual to commit a crime, as it is an easy road to power, and can be based on revenge. Our society has become increasingly more materialistic and greedy. As a result, it is clear that many criminals, such as Mr Emami, are motivated by self-interest.
Crime prevention techniques are methods understanding the factors and motivation behind crime, to prevent crime. There are two main areas of crime prevention consisting on: Situational and social. Situational and social crime prevention techniques are solely based on reducing the rate of crime within the community by assessing what drives criminal behaviour and limiting the issues.
Situational crime prevention technique attempts to prevent a crime from occurring, by fixing the situation, such as the physical environment of where a crime may arise. This technique can be completed by: increasing the risk of getting caught e.g. CCTV

cameras
However, a situational crime prevention technique for Ms Ishmal’s situation is quite difficult. Ms Ishaml’s area of assault was within a shared residence of Mr Emami’s. There’s a slim to none situational crime prevention technique that can be utilise in that scenario.
Social crime prevention technique aims to improve on social factors that leads to criminal behaviour. These factors consist on: poor parenting, truancy rates (intentional, unjustifiable and illegal absence from compulsory education) and low education levels. This technique can be can be completed by: improving people’s living conditions, improve education and stopping violence and assault at the start. If Mr Emami was raised in respecting and following the law, there is a higher chance that he wouldn’t have commit the various assault offences to Ms Ishmal.