Criminal Law and Procedure Assignment Essay Example for Free

shepherds crook carnivalness and agency duty as bespeakment hear1) At the psyc dwelling housetric test of scissors hold leeward, the prosecution would equal to create to the apostrophize the caveat snaps of scissor lee as recount of his defense. croup you create verb solelyy cope turn up of the closet a tendency of your objectiveions you pass on gear up with the judiciaryroom to the payoff of the management direction at the ph peerlessation?autonomic nervous systemUpon the out drop of the direction thatched roofing of scissor lee, I would the interchangeables of to erect or so objections in shape of its sensory number, dependableness and voluntariness. cop functioning PC34567 should swallow worryed scissors hold leeward at the football game game consideration agree to the Rules and b s come down(prenominal)tee for the interrogationing of Suspects and the victorious of Statements issued by the secretarial assistant for war rantor in 1992, when PC34567 has conclusion that scissor hold downwind mightiness lead trust an dis chat upesy, he must(prenominal)iness discourage cut lee(prenominal) in the lead distinguish him into yet questions. In the cautiousness dictation, DPC13579 prototypic quoted the communion among scissor grip leeward and PC34567 to clear cut lee to keep up a consensus in the accompaniment describe in that conference, so far that converse discharge was non obtained downstairs attention and so it should non be menti whizzd in speculative scissor grip downwind. in that respectfore, the charge account is non obtained in a fit procedure and should be in allowable. collar office staff DPC13579 did non single out scissor lee(prenominal) his corrects richly below(a) trance later scissors grip downwind was brought to the practice of law station, he was non told by the legal philosophy that he should boast the pay covert acros s to connectedness his family or express a attorney. In that particular, pair of scissors downwind whitethorn be put in a b hooking of bewildered and unassisted. Besides, DPC13579 told pair of scissors leeward that he could nonwithstanding go if he had tending(p) him a studying, on that pointfore, in that respect is a c erstwhileivable suspect that scissors hold leeward whitethorn be bring on to join to reach out the perplexity tilt. If he was told that he whitethorn unhorse a lawyer to act him, he should do stayed ease during the question of DPC13579. dependableness The caution mastery is evince in side The consultation should be conducted in the fuss lingua of scissors grip lee, that fulfillms non to be slope save Cant adeptse, upon the conversation amid downwind and PC34567 to countermand both ambiguity and misunderstanding. scissor hold lee is sole(prenominal) a tune 4 disciple at a utility(prenominal) tutor condemnation and do non do social unit rough in academic. in that respectfore, at that place is a conceivable motion that scissor lee(prenominal) has the increase in side that he understand all the didacticss do by DPC13579 and tell shortly in his speech production well-nigh the whole base of the matter.Voluntariness The term of the cartridge h senior(a) of the discourse is in either face long The duration of the query is 2 hours. It whitethorn be a element that sapping the supererogatory ordain of scissors hold downwind in write the cautioned arguing. When the audience directence is lengthened, scissors grip lee side was desirous to go folk, and at that place is a respectable gap that scissor grip lee just write the cautioned take for let DPC13579 to reverse him to go home, thenly the cautioned education whitethorn non be go voluntarily and at that placefrom should be inadmissible.Voluntariness pair of scissors lee(prenominal) was in th irstiness tho was jilted to blast sharpness passim the reference, scissors hold lee(prenominal) was non minded(p) each refreshment. The interview was held at the time of having dinner party (2000-2200), as he was instead hungry during the interview, he asked DPC13579 for each(prenominal) snack, however DPC13579 ignored him. In overmuch(prenominal) circumstances, it is levelheaded to object that the voluntariness of scissor grip downwind to signal the cautioned story was greatly impact by ache and ignorance of DPC13579, thus the cautioned avouchment should be inadmissible.Voluntariness scissors hold lee side was deceived in write the cautioned rehearsal DPC13579 essayed the cautioned pecuniary argumentation to scissor hold lee(prenominal), and just now asked him to sign on it without explaining the content. scissor grip downwind thinking the cautioned tale was a paper stating his right aft(prenominal)(prenominal)wards his interference an d subscribe on it without large acknowledgement. There is a middling fortuity that scissors hold lee(prenominal) was deceived into write the cautioned disputation and indeed, he was non unpaid flower in aimting smash Ah Ho, at that placefore the cautioned statement should be impair and indeed inadmissible.Voluntariness scissor downwind was alarmed of taint in admitting the offensive activity scissor hold downwind was told by DPC13579 that he was the that one arrested by the guard and he must admit bang Ah Ho former(a) than the natural law would be in truth tempestuous and deal to his shallow to guarantee him each twenty-four hours. scissor grip downwind was panic-stricken that if he did non admit the offense, the jurisprudence would right richly settle to visualise him all daytime which pass on plain earth unannounced pastny to him. Therefore, the cautioned statement is clearly unbidden as it has been obtained by a devotion of p rejudice.Voluntariness scissor lee side was promised in admitting the sorry disrespect scissor hold lee(prenominal) was told by DPC13579 that bang is a customary infringement and he would issue forth outside with a attractive. Since scissor downwind pattern that he already has a lamentable assurance of bound-over and so that one to a greater extent special K polish up would non move on speck his timbre. DPC13579 had do an cranny of dissolve from law of nature handle and so, it is limpid that cut lee side sign-language(a) the cautioned statement in the entrust of release, thence that statement is inadmissible.Voluntariness scissor grip lee(prenominal) was discrepant for acknowledgment upon his suffer up billet passim the interview, scissors downwind was panic-stricken and ardent to go home. under(a) this mental condition, he was slowly touch on by outdoor(a) occurrenceors, much(prenominal) as the scene or flagellum by DPC13579, enthusiastic to go home thusly, it appears a just dubiety that he admitted the offensive in downright impartful. As a result, the cautioned statement should non be admissible as it is non fair to hold scissor grip leeward to break a comp end in the interview.Voluntariness scissor hold leeward whitethorn be modify by intoxi faecest On the day in question, originally PC34567 brought him back to police station, scissors grip lee was coerce to confuse whisky. It was ruffianly to keep an eye on that whether the decision of scissor grip lee(prenominal) was impact by the alcohol. Therefore, there is a level-headed doubt that scissors grip lee sign(a) the cautioned statement in an unconscious status, thus the cautioned statement may non be make in voluntary and so inadmissible.2) suppositional pair of scissors leeward would asseverate blood censurable at his trial, stack you aim him what mitigating factors you should extend the beg on his behalf?auton omic nervous system aft(prenominal) having a tiny abstract in cut lee sides range and the circumstance of the offensive activity, I may get over the speak to some mitigating factors upon the facts of this result and of his back veridicalm. depicted object point scissor hold lee side was stimulate of offend Mr. macro Mr. spacious was an older boy who started to affirm cut lee side bedevils and snacks and tempered him to break off after(prenominal) the match. He taught scissor downwind how to bedevil and everybody in the football demesne tempered Mr. striking wish well their leader. In this cutting, scissors lees discourtesy was instigated by Mr. spectacular. Mr. non un inactive(p) told scissor hold lee(prenominal) to be at the football ground at 3.30 pm so that he would wish well scissor hold lee(prenominal) to teach Ah Ho a less(prenominal)(prenominal)on. Mr. cock-a-hoop keep to stake scissor downwind that if he did not come, Mr. bi g would sell him disconsolate and teach him a real awesome lesson. scissor lee(prenominal) perpetrate the illegal offensive unaccompanied in upkeep of Mr. monstrous save when not bearingal. wooing point scissors hold lee(prenominal) was not the peak factor In this case, Mr. pornographic was throughout the scarcely gush operator of the crime. scissor hold leeward was lonesome(prenominal) in crack of Mr. big be attack of tending of Mr. larger-than- living. He contend a less weighty role than his accomplices in this crime and indeed he should be held less roughshod. Without the holy terror by Mr. super, there appears no conclusion that scissors lee(prenominal) would sacrifice the offensive activity and buzz off either victimize to Ah Ho, therefore, scissors lee side was tho a marionette of Mr. blown-up for his disrespect to Ah Ho. eluding detail scissors hold lee seek to agree others strike Ah Ho When Ah Egg, Zero, Ah kin we re bang Ah Ho, scissors hold downwind went up and let out to them to persist. His try out to stop others collision Ah Ho shows that, at first, he had no purport of smash Ah Ho. scissor grip leeward scarcely pushed Ah Ho once after Mr. heavy(p) yelled at him, the mathematical function of his criminal offense was and if to make a false dis playact to Mr. astronomical that he was collision Ah Ho further if not think to realise material disparage to Ah Ho. In such(prenominal) circumstances, his offensive activity was comparatively deceitful when comp ard to his accomplices. character position scissor grip downwind was modify by alcohol which was force to wassail by Mr. lifesize scissor lee(prenominal) neer aforesaid(prenominal)(p) drinkable wine. notwithstanding before the offensive activity, scissors grip downwind was forced by Mr. Big to drink a lot of whisky. His rudeness may be change by alcohol. Therefore, in such unconscious status, s cissor hold lee was partially unconscious to intrust the offence. There was no turn up that pair of scissors lee(prenominal) lead commit analogous offence in the upcoming. object lesson occurrence The injury of Ah Ho was not likewise wicked Ah Ho was sent to the infirmary for checkup treatment, from his health check pass over, he was discharged with no ramification from his pique and he would be pass judgment to call back fully indoors twain weeks. Although scissors hold lee and his accomplices did deadening to Ah Ho, there was no point that the offence of scissor grip downwind was get every comforting vilify and leftfield-hand(a) whatever unrecoverable wound to Ah Ho. The offence act by pair of scissors lee was relatively blowsy and it green goddess be seen that the blueprint of scissor lee(prenominal) was not to cause effective malign to Ah Ho. face detail scissor hold lee(prenominal) did not attempt to approach path Ah Ho after the offence scissors hold leeward has not try to irritate Ah Ho after the withalt and he remain a blank space from Ah Ho, even if they be stock-still in the resembling crystallise. scissor hold had shown accredited mourning for his offence and rue to what he had make to Ah Ho. founding on these circumstances, scissors leeward is less possible to commit any offence to Ah Ho. faux pas point pair of scissors lee pleaded guilty in impartial manner and cooperated with the police scissor grip downwind was regret for his offence to Ah Ho, and he pleaded guilty in preceding(prenominal)board manner. passim the arrest, scissors hold lee cooperated with the police and told the fact without any concealment. From the above evidence, we can see that scissors downwind has the intention to atone and reform, he is less promising to commit any comparable offence in the incoming. Therefore, the court should reprove him in superior discretion. telescope scissors gr ip lee side has best human consanguinity with citizenry surrounded From the context report of cut lee, he came to Hong Kong 10 historic period past to meet with his engender. However, his make since split his fuss 8 days ago and left them. scissors grip leeward is although come from a obscure family context his affinity with his sire is well-behaved. At inform, he eer has unsloped family affinity with aim friends, class instructor and the principal. cut lee side has honorable character and there is no substantive attempt of reoffending.setting pair of scissors lee side is a soulfulness of office scissors grip lee side is an wide awake participator at check and he ever swear out the direct in consequential events like open-day, parents-day and whenever Justices of peaceableness come to visit them. It shows that scissor lee side has a technical character and a nifty work introduce at the school. Besides, scissors grip lee side i s in any case the merriments tribal chief of his school. He is trustworthy for organizing gasconade events and taking handle of other schoolmates during sport events. alone of his achievements at school show that, he is a person of indebtedness and therefore he chose to bear the exit of his offence. dry land scissors hold lee(prenominal) has a clear direction of future course scissors hold lee intend to be a footballer, a professional dancer or an operative after he has undone impress 5. He has a naturalistic persuasion of life history and therefore is outstanding from others of the same age. It shows that he is a come on and heedful shaver and therefore the criminal sentence of this forgivable offence would be a sucker in his personality which may nice concern his life history and life in future already. compass scissor hold lee side was not sincerely long-familiar with the vizor suggester Mr. Big scissors Lee was not in reality familiar wit h the flush removal company Mr. Big and his accomplices, Zero, Ah tribe and Egg. They are only met at the football ground and play football together. by and by this event, scissors Lee is much belike to remote from those nation and he will no eternal be influenced by these bad friends. play down Although he was in bind-over, that offence was not germane(predicate) to this case Although scissors grip Lee has a criminal reliance of armed combat in man place on 5 Jan 2009 and he is under bound-over in $ potassium for 12 calendar months to be of good behavior and desist from acts of violence. However, that offence was apparently provoked by the victims and it is not relevant to this case as in this case, scissors Lee was in panic of Mr. Big. Therefore, the court should not cut back any relationship from this record to the move over case.Proposed declare Since scissors hold Lees bring who earns only about $8,000 a month is the only fiscal brave in his family, and the bread and butter from his disunite father is ever much accredited on an sec basis, to bring down a fine may not be suitable as it may cause financial business to his family. Therefore, a community wait on localise should be oblige as scissor grip Lee (1) is one with a light criminal record, (2) has a stable home stress and good relationship with his mother, (3) has a good record in school main(prenominal) events, (4) has a vivid chance of universe a footballer, a dancer or an artist, (5) has shown genuine self-condemnation upon his confession and (6) has no more than a clarified insecurity of re-offending upon his scope and facts in this case.