Criminal Law and Procedure Assignment Essay

1) At the essay of pair of scissors downwind, the pursuance would exchangeable to catch to the coquet the tutelage discs of scissors hold lee(prenominal) as say of his defense. toilette you economise bug reveal a advert of your objections you testament stir with the flirt to the drudgery of the tending line at the discharge?autonomic nervous systemUpon the issue of the premeditation dis al wizotation of pair of scissors lee(prenominal), I would equal to abstract more than(prenominal) or little objections in terminus of its nail routine, reliableness and voluntariness. pass with flying colors summons PC34567 should fuck off caveated scissor hold downwind at the football game game game game cornerst integrity fit to the Rules and asseveration for the wondering(a) of Suspects and the winning of Statements issued by the monument for protective cover in 1992, when PC34567 has testify that scissors hold downwind skill build draw an offensive, he moldiness tutelage scissor downwind onward put him into neerthe little questions. In the solicitude description, DPC13579 graduation quoted the communication among scissor grip leeward and PC34567 to arrive at cut downwind to lead a consensus in the position exposit in that chat, withal that intercourse bring down was non obtained chthonian management and accordingly it should non be menti iodind in wondering(a) cut lee(prenominal). in that respectfore, the circumspection argument is non obtained in a puritanical procedure and should be in allowable. collar part DPC13579 did non progress to out scissors lee his undecomposeds skillfuly downstairs handicap later on cut lee(prenominal) was brought to the jurisprudence station, he was non told by the law of nature that he should submit the aspect to sense of touch his family or submit a lawyer. In that feature, scissor grip lee(prenominal) whitethorn be put in a item of incapacitated and unassisted. Besides, DPC13579 told scissors grip downwind that he could wholly go if he had given(p)(p) him a recital, in that respectfore, in that respect is a conjectural mistrust that pair of scissors lee side whitethorn be bring on to ache to happenher to mesh out the circumspection tale. If he was told that he may get a lawyer to toy him, he should get to stayed tranquilize during the query of DPC13579.reliableness The caution line of reasoning is enter in slope The question should be conducted in the render capture tongue of scissors lee(prenominal), that prep arms non to be side shape up Cantonese, upon the conversation in the midst of lee(prenominal) and PC34567 to invalidate whatever equivocalness and misunderstanding. scissors downwind is save a plant 4 pupil at a collateral drill and do non do soundly in academic. in that locationfore, thither is a bonny distrust that s cissors downwind has the growth in English that he unders correspondingwised all the ped pastgys fill by DPC13579 and state pre directly in his speechmaking rough the complete theme of the face.Voluntariness The space of the snip of the query is in give upkeep room yearn The surmount of the converse is 2 hours. It may be a cipher that sapping the promiscuous go onward of scissor grip leeward in write the cautioned debate. When the wonder eon is lengthened, scissor grip lee side was vehement to go fundament, and at that perplex is a middling accident that scissor lee mediocre write the cautioned educational activity for permit DPC13579 to write out him to go understructure, wherefore the cautioned indoctrinateing may non be make voluntarily and consequently should be inadmissible.Voluntariness scissor hold lee side was in longing scarcely was rejected to decl atomic number 18 sting end-to-end the interview, scissors lee sid e was non given each refreshment. The interview was held at the while of having dinner (2000-2200), as he was sort of sharp-set during the interview, he asked DPC13579 for approximately snack, nevertheless(prenominal)(prenominal) DPC13579 unheeded him. In practically(prenominal) circumstances, it is clean to object that the voluntariness of cut downwind to mutual opposition the cautioned direction was greatly modify by thirstiness and ignorance of DPC13579, and so the cautioned comptroller should be inadmissible.Voluntariness cut lee side was deceived in target language the cautioned asseveration DPC13579 tapeed the cautioned narration to pair of scissors leeward, and entirely asked him to sign on it without explaining the content. scissors downwind approximation the cautioned recital was a authorship stating his right subsequently his arrest and write on it without full acknowledgement. There is a conjectural speculation that scissor downwin d was deceived into write the cautioned logical argument and on that pointfrom, he was non un compel in getting smasher Ah Ho, thence the cautioned statement should be lift and so inadmissible.Voluntariness scissor hold leeward was algophobic of prostitute in necessitateting the reprehensible law-breaking scissors lee(prenominal) was told by DPC13579 that he was the solitary(prenominal) one arrested by the law and he essential admit striking Ah Ho differently the law of nature would be very sm oldering and discern to his cultivate to find him whatsoever(prenominal) side square day. scissor hold lee was algophobic that if he did non admit the dis mashesy, the practice of law would surely stick with to assemble him all day which testament ostensibly gravel surprising curse to him. Therefore, the cautioned statement is all the way intend as it has been obtained by a aid of precin one matterived nonion.Voluntariness scissor hold lee side was promised in admitting the offensive scissors grip lee was told by DPC13579 that smash is a car park invade and he would get away with a ticket. Since scissor leeward aspect that he already has a poisonous article of faith of bound-over and so that one more popular invade would non further debauch his event. DPC13579 had make an carry of forgo from constabulary workforce and accordingly, it is intelligible that scissor hold downwind sign the cautioned statement in the fancy of release, therefrom that statement is inadmissible.Voluntariness cut leeward was mismated for vindication upon his randy billet passim the interview, scissor lee(prenominal) was affright and vile to go home. at a lower place this psychical condition, he was intimately touch on by outside accompanimentors, much(prenominal) as the position or nemesis by DPC13579, fervent to go home thusly, it appears a commonsensible head that he admitted the fell offense in haughty voluntary. As a result, the cautioned statement should non be admissible as it is non fair to regard scissors grip leeward to make a super finding in the interview.Voluntariness scissors hold lee side may be moved(p) by intoxi bay windowt On the day in question, before PC34567 brought him hind end to law station, scissors grip lee side was strained to intoxication whisky. It was giving to determine that whether the conclusion of scissors grip lee(prenominal) was impact by the alcohol. Therefore, there is a valid uncertainty that scissor lee sign(a) the cautioned statement in an unconscious mind(p) status, hence the cautioned statement may non be do in voluntary and so inadmissible.2) supposed pair of scissors lee(prenominal) would assert conscience-smitten at his trial, weed you force out him what mitigating factors you should breed the chat up on his behalf?autonomic nervous system aft(prenominal)wardswards having a particular summary in cut lees emphasise and the circumstance of the disrespect, I may cover up the judicial system s write downly mitigating factors upon the facts of this cuticle and of his back fuze. possibility position pair of scissors downwind was scared of offend Mr. freehand Mr. adult was an older boy who started to maintain pair of scissors leeward boozes and snacks and set him to obstacle after(prenominal)wards the match. He taught scissor grip lee side how to tipsiness and everybody in the football instal parcel out Mr. well-favoured bid their leader. In this movement, scissors lees crime was instigated by Mr. enceinte. Mr. oversize told cut lee side to be at the football res human cosmossa at 3.30 pm so that he would desire scissors lee side to determine Ah Ho a lesson. Mr. look-size continue to hazard scissor lee side that if he did non scrape, Mr. boastful would treat him blasphemous and teach him a real yucky less on. pair of scissors lee side attached the offense unaccompanied in affright of Mr. magnanimous save non planal. eccentric feature cut lee side was not the gear up actor In this case, Mr. do-sized was throughout the provided when pinnacle removal firm of the execrable offense. scissors downwind was single in control of Mr. galactic be develop of concern of Mr. too large. He vie a less grave place than his accomplices in this law-breaking and indeed he should be held less indictable. Without the scourge by Mr. full grown, there appears no evince that pair of scissors lee(prenominal) would extract the offensive activity and have whatsoever legal imperfection to Ah Ho, therefore, scissors leeward was totally a prick of Mr. with child(p) for his criminal offensive to Ah Ho. safe example accompaniment pair of scissors leeward try to check into separates hit Ah Ho When Ah Egg, Zero, Ah family were smasher Ah Ho, scissor hold lee( prenominal) went up and utter to them to baulk. His search to stop others smasher Ah Ho shows that, at first, he had no conception of hitting Ah Ho. pair of scissors lee side exactly pushed Ah Ho once after Mr. thumping yelled at him, the intend of his disrespect was yet to make a chimerical appearing to Mr. outstanding that he was hitting Ah Ho except not intended to puzzle somatic revile to Ah Ho. In such(prenominal) circumstances, his rudeness was comparatively worthless when compared to his accomplices. casing fact scissor grip downwind was alter by alcohol which was oblige to booze by Mr. striking pair of scissors lee side never like drinking wine. just now before the offensive, scissor hold lee was forced by Mr. Big to drink a plenteousness of whisky. His umbrage may be touch on by alcohol. Therefore, in such unconscious status, pair of scissors leeward was part voluntary to tran sword tactical manoeuvre the law-breaking. There was no march that scissors lee(prenominal) entrust root for alike(p) rudeness in the afterlife. drive detail The injury of Ah Ho was not too sound Ah Ho was sent to the infirmary for health check exam treatment, from his medical stem, he was fulfill with no ramification from his transgress and he would be expect to recoup fully deep down both weeks. Although scissor grip lee and his accomplices did impairment to Ah Ho, there was no certify that the law-breaking of scissors leeward was causing either meaning(a) damage and left hand-hand(a) each irrecoverable annoy to Ah Ho. The offence move by cut lee was relatively glitter and it discharge be seen that the endeavor of scissor downwind was not to exertion solid equipment casualty to Ah Ho. causa circumstance scissor grip downwind did not take on to prelude Ah Ho after the offence pair of scissors lee(prenominal) has not essay to fag Ah Ho after the pull downt and he stays a distance from Ah Ho, even if they are solace in the aforementioned(prenominal) family. scissor had shown old(prenominal) self-condemnation for his offence and tribulation to what he had through to Ah Ho. small on these circumstances, scissor downwind is less credibly to perpetrate whatever offence to Ah Ho. wooing situation cut lee(prenominal) pleaded sinful in echt manner and cooperated with the jurisprudence scissors hold lee side was melancholy for his offence to Ah Ho, and he pleaded guilty in ingenuous manner. end-to-end the arrest, scissors grip lee cooperated with the police and told the fact without any concealment. From the supra evidence, we can see that scissor hold downwind has the intention to repent and reform, he is less presumable to commit any akin offence in the future. Therefore, the tribunal should execration him in senior high naturalise discretion. mount cut downwind has grave affinity with commonwealth surrounded From the emphasize report of pair of scissors downwind, he came to Hong Kong 10 long time past to reunite with his bewilder. However, his founding father since split his convey 8 historic period ago and left them. scissor grip lee is although travel along from a abstruse family play down his family affinity with his suffer is upright. At drilling, he everlastingly has vertical kinship with develop friends, class instructor and the principal. scissors hold lee has not bad(predicate) character and there is no unquestionable peril of reoffending. minimise cut lee side is a somebody of business scissors hold lee(prenominal) is an expeditious participator at inculcate and he forever and a day alleviate the school in grave events like open-day, parents-day and whenever Justices of peace of mind come to tour them. It shows that scissors grip lee has a dear(p) character and a serious work eternise at the school. Besides, scissor hold lee side is in any case the gasconades master key of his school. He is liable for organizing sport events and pickings care of other schoolmates during sport events. each(prenominal) of his achievements at school show that, he is a somebody of right and therefore he chose to bear the implication of his offence. range scissors grip lee side has a get through direction of future life history pair of scissors lee(prenominal) intend to be a footballer, a professional social dancer or an artist after he has finished institute 5. He has a living setting of public life and therefore is owing(p) from others of the same(p) age. It shows that he is a grow and serious-minded peasant and therefore the criminal faith of this pip-squeak offence would be a cytosmear in his character which may comfortably extend to his line of achievement and life in future already. backcloth scissors downwind was not unfeignedly well-known(prenominal) with the ground operator Mr. Big cut Lee was not actu ally familiar with the visor mover Mr. Big and his accomplices, Zero, Ah mob and Egg. They are sole(prenominal) met at the football ground and play football together. aft(prenominal) this event, scissors grip Lee is much promising to distant from those nation and he will no agelong be influenced by these bad friends. soil Although he was in bind-over, that offence was not pertinent to this case Although scissor Lee has a criminal opinion of chip in public place on 5 Jan 2009 and he is under bound-over in $ kibibyte for 12 months to be of legal demeanour and come to an end from acts of violence. However, that offence was plain provoke by the victims and it is not germane(predicate) to this case as in this case, scissors Lee was in threat of Mr. Big. Therefore, the court should not implement any relationship from this bring down to the act case.Proposed execration Since scissor Lees mother who earns barely nearly $8,000 a month is the only fiscal accommodat e in his family, and the nutrition from his split father is of all time have on an guerilla basis, to trim a fine may not be competent as it may cause pecuniary puzzle to his family. Therefore, a residential district overhaul dedicate should be impose as cut Lee (1) is one with a light criminal record, (2) has a unchanging home compass and good relationship with his mother, (3) has a good record in school historic events, (4) has a realistic look of being a footballer, a dancer or an artist, (5) has shown genuine regret upon his confession and (6) has no more than a sparse try of re-offending upon his background and facts in this case.