My client Ms Chairmaine Dixon has been allegedly accused of robbery by the prosecution. In criminal proceedings, the burden of proof lies with the prosecution to prove, ‘beyond a reasonable doubt’. I submit that the prosecution has failed to meet this burden of proof. Under Section 8(1) of The Theft Act 1968, the elements of intention to steal and force are crucial to establishing robbery. No evidence has been submitted by the prosecution, which sheds light on both of these elements. Looking into the element of force, the alleged assault carried out by Ms. Dixon upon Ms. Graham was unreported. It was neither mentioned in the witness statement nor was it communicated to the police, despite her shock and assertion in court. Could it be that …show more content…
Furthermore, Ms Graham’s pre-existing notions about Charmaine indicate an internal bias that may have shaped her accusations. Would it not be easier to incriminate Ms Charlaine, given her history of theft, rather than Ms Graham losing the money elsewhere? The evidence provided by the prosecution of P.C. Baker is not relevant to Ms. Dixon’s involvement in the alleged robbery. It was regarding the fixed penalty. Ms Dixon has a consistent alibi of her whereabouts on the day of the crime, with no inconsistencies. There is no definitive indicator of her physical presence next to Ms. Angela. She was present on the street as she was returning from her friend Hailey’s house. With regards to the prosecution’s claim concerning the source of the money to purchase the drinks and the cigarettes, it is confirmed by the defendant that the money was given to her by her dad, further supporting her evidence. This indicates she did not have any motive to steal the money or any such requirement for the money. On Ms. Graham’s account of the robbery, there was not any physical evidence, such as her fingerprints on the handbag, to prove the robbery and the physical force given that Angela remembers that Charlaine had not worn
The jury in trying to let the defendant go considered if there were any circumstances that would provide say as a self-defense claim to justify this horrific crime of murder of two people named Mr. Stephan Swan and Mr. Mathew Butler. Throughout the guilt/innocent phase, the jury believes not to have heard convincing evidence the victims were a threat to the defendant nor a sign the defendant was in fear for his life before he took the victims’ lives.
Justice can be achieved through various processes and principles if applied correctly, similarly justice can also be denied through these same processes and principles. This is exemplified through the Andrew Mallard case (M v The Queen 2005 HCA 68), and the missing persons case of Kieffen Raggett (2007) which shows how the incorrect application of processes like police investigations and coronial inquests can lead to justice being denied. Furthermore, legal principles such as; the rights of the accused and victims, are instrumental in achieving justice as shown through the application of these principles within these cases. These processes and principles can fail due to prejudged conclusions, police corruption, human error and cultural barriers
It is their job to prove the burden of proof by linking the disturbing crime to the defendant. In this case, the prosecution’s defense had succeeded in providing evidence beyond a reasonable doubt. The burden of proof was delivered by highlighting the defendant’s motive which could be used to determine the intent behind the criminal act. In addition, the defendant’s erratic behavior that raised suspicion could also be used to prove the burden of proof. The fact that the defendant indicated that his wife was deceased, while she still was alive, can demonstrate that the murder was planned. Moreover, the defendant’s strategic travel to San Diego after Laci’s Peterson body and fetus were discovered and the change in the defendant’s physical appearance can be used to allude the proof of the defendant’s consciousness of guilt. Also, the items removed from the defendant’s car during the traffic stop, specifically the thousands of dollars in cash, can indicate that the defendant planned to flee the country at some point during his trip to San Diego. Lastly, the chain of events that took place during the period of the victim’s disappearance and the discovery of her body, and the defendant’s secret lover becoming a key witness was used to strengthen the circumstantial evidence. All in all, despite the lack of concrete evidence, the prosecution team was able to provide facts that illustrated a timeline of events that could fill in the gaps of the
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
The duties of a police officer are to ensure that there is maintenance of public peace and order. In order to perform their duties and obligations they require certain powers, authority in order to perform their duties and this extends the power to arrest. This paper focuses on the decision of the court in DPP v Carr, the amendments on Law Enforcement (Powers and Responsibilities) Act (LEPRA) section 99 and a critical evaluation of statements made by Sentas and Cowdery.
In the case of R v Oakes, the main topic dealt with the reverse burden of proof that was brought upon the accused, David Edwin Oakes. The issue that was
Issue: The defendant Richard Gordon and Strode had told Prout that they "Would take care of the automobile and see that he got it back as soon as possible." Could Richard Gordon be charged with "Armed Robbery"?
In the present case there are two possible prosecutions to discuss. Jerome may be guilty of ‘controlling or coercive behaviour’ under section 76 of the Serious Crime Act 2015. While Talia may be guilty of assault under section 20 or section 47 of the Offences Against the Person Act (OAPA) 1861.
Scheb, J. M., & Scheb, J. M. (2011). Criminal law and procedure. Belmont, CA: Wadsworth
Held: Evidence would have been admissible as part of the res gestae because not only was there a close association in place and time between the statement and the shooting, but also the way in which the statement came to be made, in a call for the police and the tone of voice used showed intrinsically that the statement was being forced from the wife by an overwhelming pressure of contemporary events. 9 Res Gestae, Topic 3, Law of Evidence. Prepared by Ikram Abdul Sattar, 10. R v. Andrews [1987] 1 All ER 513 where the appellant and another man knocked on the door of the victim’s flat and when the victim opened it, the appellant stabbed him in the chest and stomach with a knife and the two men then robbed the flat.
The defendant was a jealous woman who had been romantically involved with a man, Mr Jones, who had then gone on to have a relationship with another woman, Ms Booth, who he later became engaged to in the spring of 1971. The defendant, as a result, went to Ms Booth’s home and poured petrol through her letterbox, she then put newspaper, which she set on fire through also. This quickly ignited and the defendant went straight home without alerting anyone to the blaze, which was spreading. Although Ms Booth and her son were able to escape through a window, her two daughters perished, as they were asphyiciated by the fumes from the flames, which were engulfing their house as they slept. The defendant argued that she was not guilty of murder as she did not intend on causing harm or killing anyone, she had just wanted to frighten Ms Booth and as a result should only be found guilty of manslaughter.
The “golden thread” of English common law is that “No matter what the charge … the principle that the prosecution must prove the guilt of the prisoner.” This is a fundamental legal principle because it ensures that if there is reasonable doubt about a person’s guilt, they are not wrongly convicted and sentenced for the crime. We agree with the court’s assessment because, in the past the law originally stated that a person is guilty until proven innocent, which caused a lot of false convictions. 6. The Narcotic Control Act passed the first part of the Oakes Test because the drug trafficking problem was considered a grave danger to society that warranted the overriding of a Charter right.
Throughout the history of what is now part of most state statutes, theft laws have made significant progressions. The beginning of the modern idea of theft began long ago with the growing concerns of the violent crimes against persons (Samaha, 2015, p. 433). These concerns the people of the time shared, lead to the creation of the felony robbery, within common law (Samaha, 2015, p. 433). The idea behind robbery was, “taking property by force or the threat of force” (Samaha, 2015, p. 433). The creation of this law within the idea of crimes against persons lead to the next big jump towards the criminal action of theft.
Introduction People have argued for centuries now on the controversial topic of prostitution. Prostitution is the “performance of sexual acts in return for payment” (Funk & Wagnalls, 2014). While prostitution may cause no inherent physical harm, the idea of prostitution allows for consumers to think of men, women, and children as commercial enterprise. The people who are in prostitution are usually “forced” into this life style. Wouldn’t this be considered duress?
It has enabled a distinction to be drawn between burden of proof and burden of evidential. But Viscount Sankey’s ‘golden thread’ dictum expressed a disposable of reference to statutory exception which may helped to induce lack of care and enshrines its value. Now the British court have an opportunity to retrieve the situation as there are in different position under exercise their power to be more