B Pulsey & Anor V State Of B Impulsey

The accused, Wendell Clayton, was found in possession of a loaded illegal handgun which is banned under Criminal Code, R.S.C. 1985, c. C-46.

Although the formal declaration of the Court is limited to the land specified in the plaintiff 's claims, the comments of the judges regarding the recognition of native title are applicable to Australia as a whole. As Justice Toohey states:

This argument that will next be discussed, will involve the punishment structure of the two systems. This discussion will examine how the two configurations differ from punishments; this quote can explain how the law differs from the general ways of punishment. "The traditional Aboriginal punishment system is more effective in the case of the traditionally oriented Aboriginal person because the punishments are couched in terms of traditional values and are therefore both relevant and of impact"(Australian Law Reform Commission, 1986, p.68). This shows that systems are completely different in laws, and if it is not recognized then the traditional laws that have been around for centuries will be dismissed and will cause trouble and confusion.

The critical legal theory focuses on overturning and challenging accepted standards and norms. It also deals with how legal decisions that are based on political and cultural values are viewed and how they change over time. This theory argues that culture plays a significant role in law and is an important aspect when it comes to the making of laws. Different cultures have different standards and beliefs among their society and therefore different laws are established within them. Critical legal studies seeks to essentially adjust jurisprudence to expose that it is not a reasoned and logical system of wisdom instead it is an ideology that creates an unfair government and political system. Looking at this case from a critical legal theory perspective

For instance, a Queensland study on the ethnicity of young people moved on has found that Indigenous background represent the 37% of respondents, despite the fact that Indigenous youth only accounts for the 4% of Queensland youth population (Spooner 2000, 27). This over-representation may be resulted from the ‘moral panic’ framed in our society and ideal to govern the risk in our society. According to White (1999, 39), the greater surveillance and intervention of Indigenous young people in public places is due to their high levels of contact with the criminal justice system. The overrepresentation of indigenous people in the criminal justice system may cause their generalisation as a greater threat for public order compared to others in society, which may lead their representation as ‘moral panic’ and the increase in community’s anxiety of this group. The use of police move-on powers can be understood as a response of the society’s generalised fear of indigenous youth, and thus as Armstrong contends ‘the management of risk becomes the management of public fears’ (2004, 113). Therefore, within the group of young people, the Indigenous population, are subjected to greater impact of police powers on their mobility in the public

Material facts of the case: Dispute between neighbours over written sentence on the car windscreen.

Over the past years, police brutality has become more and more visible in the public eye. The term “police brutality” was first used in the New York Times in 183 (2004), when policeman McManus allegedly clubbed his prisoner, Michael Maher. Brutality, by definition, is savage cruelty. Police brutality is the excessive use of force by police. Excessive force can be any kind of unneeded force, above what is legally necessary to use. McDavid (2011) suggested that the new world order has actually produced a more complex security environment, with multiple threats. In the article, “How Reasonable Is the Reasonable Man: Police and Excessive Force (1994),” Geoffrey and Williams argues that excessive force of police leads to court action of police

In executing the powers however, the law-making subsystem did not accept to afford the police uncontrolled discretion. Instead, while digressing from the accepted test of reasonable suspicion, s44 and its predecessor stop and search were shaped provisional to mandatory, statutorily proscribed process prior to being adopted. This Government described this process as a means to provide operational flexibility, paired with clear safeguards avoiding misuse. However, interpretation of this procedure by the police aided the use of the powers disregarding the level of oversight through which the legislature validated through their expansive and highly discretionary drafting. This disparity, between the legislature and the police arising from different subsystem expectations regarding the nature of powers, which in turn diminished the effectiveness of the statutory safeguards against misuse.

Negligence is defined as the failure of a person to use reasonable care that may result in the harm of another person. In the case involving Paula and Ricardo negligence can be seen. The person responsible for negligence in this situation is Ricardo and Dean. As an employee Ricardo is expected to follow the rules and procedures associated with his job. As a person working with harmful chemicals, Ricardo is expected wear the proper safety equipment to prevent harm to himself. Due to his failure to wear the proper safety equipment he became delirious and proceeded to strike the nurse, Paula, while being treated. On the other hand Dean is also negligent because he allowed Ricardo to remove the paint even though he knew Ricardo does not always use the

In today’s society, law and its ever-changing nature is the pinnacle of our human relations. The extensive effect that the law has on humanity is something which greatly fascinates me. Historical affairs such as the London riots have informed me about the importance of law within our everyday lives, due to its ability to restore order. Harper Lee’s novel ‘To Kill A Mockingbird’ captured me through the power and necessity of justice and defence which it portrays, regardless of social prejudices.

On the other hand, the appellants agreed that the prostitution laws created risks and safety issues for the well-being of sex workers and interfered with their right to security protected under s. 7 of the Charter. However, they argued that there was no connection between the three provisions and whether the provisions added risks of violence to current and former prostitutes. There was no causal connection between the challenged provisions and the alleged interference with "right to security" (para. 73). In this case, the whole basis of the appellant 's argument was that the Criminal Code provisions do not directly infringe the security of a person and that non-direct contact (the client) is the cause of this infringement of security. By blaming

There has been much debate on the Offences Against the Person Act (OAPA) 1861 since The Offences Against the Person Act 1861 is widely recognised as being outdated. Several arguments find the Act as outdated, its wording are vague and difficult to explain. Both the Law Commission and the Government have observed at possible reforms for the act in order to improve its position in English Law.

British Airways have served with new employment tribunal proceedings since 2010 British Airways is disputed with the employees and others in 2010. The dispute detail as follows: (British Airways, 2011)

The defense of non-pathological incapacity due to provocation or emotional stress has an intricate history and has caused much confusion to legal writers and in case law. Interpretations of the defense have varied from the Roman-Dutch view that emotions, justified by provocation, can solely be used to mitigate a sentence, to the Rumpff Commission’s view that emotions cannot be regarded as relevant to criminal capacity, to the Transkeian Penal Code of 1886’s view of a policy-based partial excuse rule stating that provocation leading to murder can be reduced to culpable homicide when it is compared to the conduct of an ordinary person, to the “new approach” that regards provocation as relevant to intention and criminal capacity,

While the CLSA (Criminal Law Solicitors Association) has also showed a severe concern over the matter, it states that this has not only affected the defenders, but the prosecution as well as the court most importantly. Justice is a fundamental right and irrespective of the costs it demands, it should be granted to the needy.