Posted: August 9th, 2022

LAW-5-CL2 Criminal Law and the Law of Criminal Evidence

Module: Criminal Law and the Law of Criminal Evidence
Module Code: LAW-5-CL2
Credit score Worth LLB 20 CAT’s
Assessment Trial Commentary
Date for Submission: Friday 30 April 2021 through on-line submission on Moodle.

COURSEWORK FORM FOR SUBMISSION

STUDENT CANDIDATE NUMBER……………………………………………….

ONLINE TRIAL NAME……………………………………………………………………….

DATE OF VISIT………………………………………………………………………

DURATION OF TRIAL (HOURS)………………………………………………….

NUMBER OF DEFENDANTS……………………………………………………….

OFFENCE CHARGED……………………………………………………………….

………………………………………………………………………………………….

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BRIEFLY STATE THE PROSECUTION CASE

The case was between Mr. Kenneth Eden and Barbara Mary Brown, a Broom Lodge group dwelling scholar. Kenneth Brown was accused of two prices, theft prices in keeping with the Theft Act of 1978 after stealing a silver neck and a helpful pendant, on twenty-five June in full Chester price of seven ponds . The accused denied the prices and pleaded not responsible. Kenneth Eden was additionally accused of one other offense of assaulting Barbara, a minor and an unofficial daughter since Mrs. and Mrs. Eden acted as the unofficial aunt and uncle for years. Attorneys representing either side questioned the witnesses on varied allegations to find out whether or not Mr. Eden was responsible of the accusations. . Kenneth was accused of having dedicated each offenses on Saturday afternoon, 25 June, after inviting Barbara into his home for some tea along with his spouse, Mrs. Eden, also referred to as Margaret. In response to Barbara, Mr. Eden referred to as the college, the place she picked and acquired the invitation in the afternoon. Having not instructed anybody about the invite, Barbara went to Mr. Eden’s dwelling in acre excessive, the place he made sexual advances. In response to Barbara, Mrs. Margaret was not round, as acknowledged earlier by Mr. Eden. Therefore. They have been on their lonesome at dwelling chatting, solar busking, and listening to crickets on a solar lounger. Throughout this time that Mr. Eden took off her necklace, mounted it on his neck, and later put his arms in her bra, making an attempt to succeed in to the bra handler .
Mr. Eden’s sexual gestures have been threatening to Barbara. She jumped up in shock. In consequence, her shirt and bra strap was torn by Mr. Eden’s arms that have been caught in the shirt. Barbara threatened to inform his spouse instantly, which made him panic, begin crying and requested her to not inform anybody. Mr. Eden, nonetheless, denied all the allegations, resembling calling the college, inviting Barbara, placing his hand in Barbara’s shirt, tearing her shirt, and stealing the necklace, which was in his neck when the police arrived on the scene. In response to the hearings, Barbara’s mom seen that her daughters’ shirt was torn on the shoulders after she went dwelling crying straight to the bed room. The mom, nonetheless, was involved and determined to name the police, utilizing an announcement that “how lengthy will it take so that you can do one thing”. The courtroom course of concerned testimonies from witnesses’ interviews of the defendant and the sufferer and items of proof offered by the attorneys. Some of the witnesses included Barbara, Miss Linnet Mason, Margaret’s spouse to Mr. Eden, and Miss Lawton, a social employee in a social service division in cost of youngsters’s group properties at Broom Lodge college .
Aside from Mrs. Eden, the witnesses supporting the allegations and confirming that Mr. Eden had bizarre behaviors of not conserving “his arms to himself”, Miss Lawton acknowledged that Mr. Eden had sacked Aisha earlier than the courtroom and pinched her behind. Additionally, Eden had written to the division regarding Lawton’s being unfit to work in the division, which was based mostly on his emotional stress after the social employee had a detailed relationship with Miranda. Mr. Eden, nonetheless, didn’t like Miss Lawton attributable to her robust political views and Help for the susceptible, resembling ladies and much less privileged in the group. Moreover, Miss Linnet Mason, a former member of the Broom Massive group, testified of Mr. Eden’s sexual pursuits and after visiting her dwelling six months earlier than the accusations. In response to Miss Mason, Mr. Eden had may pull the scholar right into a nook. The case was supported by proof exhibiting the garments worn by Barbara on that day, together with a blue skirt, brown pants, a necklace given by her mom on her birthday, and some sandals.

1. STATE ALL THE EVIDENCE PRESENTED BY THE PROSECUTION AND THE FACTS IN THE PROSECUTION CASE THAT ARE PROVEN BY THE EVIDENCE.

PROSECUTION EVIDENCE FACTS IN ISSUE PROVED

A

PROSECUTION EVIDENCE FACTS IN ISSUE PROVED

2. BRIEFLY DESCRIBE THE SUBSTANCE OF THE DEFENCE CASE.
Mr. Eden denied the allegations from Barbara and the witnesses who’ve related accusations of assault in Help of the protection legal professional. Nevertheless, the protection counsel acknowledged a number of defenses to the accusations, each for the assault and stealing the silver necklace and the pendant price seven kilos. The protection included Mr. Eden having been intoxicated that afternoon; therefore he didn’t know what he was doing. There was a slight bodily; contact that occurred, however Barbara misinterpreted it and exaggerated the contact into an assault to be out of proportion.
• Barbara didn’t inform anybody regarding the name, and the go to to Mr. Eden was suspicious sufficient to conclude that Barbara knew exactly what she was going to do in the home.
• Barbara misinterpreted the contact, which was innocently made, and made a fuss out of it.
• It was a suspicious co-incidental how Barbara was passing when Mr. Eden made the name.
• Because of Barbara’s comment regarding her mom’s hate in direction of Mr. Eden, it may have been that all the things was not true and that the household exaggerated the case, which was based mostly on feelings.
• Barbara had a crush on Mr. Eden, therefore had a fantasy whereas sleeping about him touching her. Sexual imaginations drove this.
• Barbara despatched a valentine card in a field to Mr. Aiden, a written guess from whom Barbara agreed to, stating it was all a joke.
• The protection counsel made a number of observations from Barbara and the home mom that have been suspicious regarding the accusations, particularly regarding Barbara’s interview, which was full of uncertainties regarding Mr. Eden’s actions and phrases.

three. DESCRIBE THE EVIDENCE – IF ANY – PRESENTED BY THE DEFENCE. THIS SHOULD INCLUDE THE DEFENDANT’S TESTIMONY, AND ANY EVIDENCE THAT THE DEFENCE OBTAINED THROUGH THE CROSS-EXAMINATION OF PROSECUTION WITNESSES.
DEFENCE EVIDENCE FACTS IN ISSUE PROVEN

DEFENCE EVIDENCE FACTS IN ISSUE PROV

four. WHAT WERE THE FACTS IN ISSUE BETWEEN THE PROSECUTION AND THE DEFENCE?

The information in each prosecutions, and the protection, was that Mr. Eden could not hold his arms off ladies, and his weak spot is younger women. Additionally, Mr. Eden was a manipulator who believed he was doing proper and used his energy to assault ladies, together with her spouse, bribed to come back again dwelling on Sunday. Additionally, Mr. Eden was responsible as a result of he answered questions in courtroom angrily and defensively, thus creating many suspicions. Barbara was a minor, whereas Eden a mentor and an older particular person. But, he had the thoughts and assets to govern the younger lady and others in keeping with Miss Lawton’s phrases.
Moreover, it was not the first time Eden was making an attempt to have an affair with Barbara. Earlier on, Barbara had despatched Mr. Eden’s valentine present. Mr. Lawton was a cheater and by no means reported to his spouse, which made him extra suspicious of assaulting Barbara and different women that testified in courtroom. Mr. Eden was making an attempt to be defensive in courtroom and by no means spoke the fact, which made him deny all allegations from Barbara and different victims.
5. IDENTIFY THE TYPES OF EVIDENCE PRESENTED DURING THE TRIAL YOU OBSERVED. (FOR EXAMPLE EXPERT EVIDENCE, REAL EVIDENCE, AND DOCUMENTARY EVIDENCE ETC.)
Miss Lawton’s proof regarding Mr. Eden’s conduct in direction of one other feminine and his writing about her job for standing up for herself confirmed that he by no means revered ladies and felt intimated by these he could not manipulate. Additionally, Eden’s response in courtroom was indeniable proof that he was mendacity, which made him bitter, and defensive about each Question Assignment requested. His seems to be and how he checked out Barbara and different witnesses have been clear; he meant to cease them from telling the fact as a result of he cared a lot about his repute as a substitute of morality. One other proof is an announcement wherein Mr. Eden admitted to having stated to inspector Charlie that “if it ever occurred to be introduced up in courtroom, that is one factor I can think about myself being charged with since little women are um’ they’re my weak spot too”. The assertion was clear and evident that Mr. Eden had a weak spot in direction of younger women regardless of his affair and exhibiting curiosity to older women. One other proof is that Mr. Eden not having an curiosity in her spouse for a while was a purpose for different curiosity in different ladies, Barbara being one of them.
One other proof is Margaret confirming that Miss Linnet was going to their home as stated earlier by Linda Mason, Margaret began that, “there was one other particular person whom they have been unofficial aunt, and uncle too, that got here in the home however by no means lasted for lengthy, solely got here for a quick time. Margaret additionally testified that Mason’s suggestion could possibly be affluent; therefore she couldn’t be shocked by Mr. Eden’s allegations of assaults. The police officer’s proof was a shred of professional proof regarding Eden’s corrupt nature for eager to bribe the police by stating that “let’s discuss like males”. The assertion was proof that Eden was responsible and knew what he had finished was flawed; therefore he wished to get away with it as common from different circumstances, resembling that from Miss Lawton and Maison. The garments introduced in courtroom have been proof of what Barbara was saying regarding the day, together with the chain and pendant that Mr. Eden was sporting when Charlie arrived. On the different hand, him sporting the chain and the pendant, it was evident that Barbara and Mr. Eden have been collectively on that Saturday afternoon if he denied the allegations.
6. BRIEFLY IDENTIFY WHAT EXCLUSIONARY RULES OF EVIDENCE WERE USED AND HOW THEY OPERATED DURING THE TRIAL.
Circumstantial proof is one of the exclusionary guidelines used throughout the trial, resembling the witnesses testifying about their encounter with Mr. Eden and how they’ve been victims and witnesses of his unhealthy conduct of assault, resembling Miss Mason. For example, the proof was based mostly on opinion proof, proof of a behavior, and repute in the group, which performed a big function in judging the defendant’s actions in direction of the sufferer. Maison testified regarding a previous occasion, and Miss Lawton testified his repute and expertise from one other particular person for touching her behind and firing them. In response to the legislation, proof of reputations is method higher and thought of in comparison with proof of reputations, as an exclusionary legislation, to keep away from unfair therapy and distractions of the goal and professional proof. Making prices with out consulting an individual in the division is an exclusionary rule that may be carried out to take the case to courtroom, particularly if the defendants produce other prior circumstances or a repute of assault, resembling in Mr. Eden’s case. Cops accumulating proof in a pleasant and flirty method, resembling smoking a cigarette, was a method of getting proof, particularly contemplating that Mr. Eden a Charlie have been buddies.
WHAT WAS THE VERDICT?
Mr Eden was charged harmless for theft accusations, which concerned stealing Barbara’s Silver chain and pendant price seven kilos, and Responsible for indecency assault in direction of Barbara, who’s a minor.
7. GIVING REASONS FOR YOUR ANSWER STATE WHETHER YOU AGREED WITH THE VERDICT.
I agree with the verdict offered in courtroom, based mostly on the items of proof and witness testimonials offered in courtroom. The decision was, nonetheless, made based mostly on the United Kingdom legal guidelines regarding theft and sexual assault. The theft Act of 1978 present latest possession of an merchandise ought to be proved to have been stolen and the jury software of widespread sense regarding the occasions surrounding the theft. Mr. Eden’s possession of the chain and the pendant was not a consequence of stealing by sexual fantasies of Barbara and as a method of teasing Barbara into sexual exercise . In response to theft legal guidelines, theft is deliberately and completely holding somebody’s property with the intention of not returning, and the definition offered in the 1978 act part one to 6. The theft case was not properly supported by proof from the prosecutors’ facet, however the protection received by stating that the chai and pendant have been on the ground, therefore determined to put on them as a substitute of placing them n the pocket. Additionally, Mr. Eden had no different allegations regarding theft or possession of unlawful occasions earlier than making the allegations weak and unsupported. Moreover, Barbara had no sufficient proof concerning Mr. Eden eradicating the pendant and faceting it on his neck as claimed in courtroom.
Moreover, Mr. Eden appeared responsible of indecent assault, which was proved by sufficient proof and testimonials. The testimony of Barbara, Mason, Lawton and the dwelling mom was sufficient to cost Mr. Eden for assault. Additionally, Eden’s defensive and smug nature was a sign that he was responsible and seemed for a strategy to escape the prices by telling lies. On the different hand, Mr. Eden had an inclination and conduct of touching ladies, together with minors, the place he not directly acknowledged that he had a weak spot in younger women. Mr. Eden additionally denied all the allegations, which was suspicious, and maintained his wonderful title and repute as a substitute of dealing with the fact. The reveals offered in courtroom, resembling Barbara’s pendant, and chain, the garments, mendacity about calling Barbara, and calling the spouse to know when she would return was suspicious and proved the chronology of deliberate occasions.
I agree that Mr. Eden is a sexual offender based mostly on his actions in direction of the arrest eager to bribe Charlie, smoking collectively, and utilizing the friendship to get away along with his actions. Mr. Eden was responsible and didn’t have individuals and proof to Help him as the “good” man he claimed to be as a result of he was responsible of his actions. Based mostly on the Sexual Offense Act of 2003, sexual offense prices embrace rape and different offense prices towards minors . Others embrace inciting a minor to have interaction in sexual actions, holding sexual communication with minors, which additionally entails abuse of a place of energy to have interaction in sexual exercise with a minor, resembling in the case of Mr. Eden. In response to Part 25 of the Act, Mr. Eden abused the belief and place as unofficial uncle to have interaction in sexual actions with Barbara. She is a minor, which may also be thought of a familial baby intercourse offense. Mr. Eden additionally organized to have intercourse with a minor, which is obvious when he referred to as the spouse Margaret to substantiate when he returned dwelling. In response to Sections 16-19, Mr. Eden was responsible of the exception of the partner committing sexual exercise with Barbara. That is evident when he lies to Barbara that Mrs. Eden is round, figuring out very properly that she wouldn’t come again dwelling.

Bibliography
Cossins, A. N. N. E. Closing the Justice Hole for Grownup and Baby Sexual Assault. Palgrave Macmillan UK, 2020.
The Sexual Offense Act of 2003
The Theft Act of 1978
Jez T, ‘Crown Courtroom – A Man With Every thing (1978)’ accessed 20 April 2021

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Tags: LAW-5-CL2