Case Analysis: You Will Be The Judge

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You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault. Judicial Reasoning #1: Taking a look at the Canadian Foundation for Children, Youth and the Law v. Canada case. The majority’s opinion states s43 means that “use of force has to be…show more content…
Tutton can be also be applied in this scenario. The case involves a child named Christopher who needed insulin injection to stay in proper health, however, the mother refused to give the insulin believing God will be able to heal him, resulting in the death of Christopher. The accused argued that she is religious and had a vision of God that told her that Christopher was cured. The courts argues that under the law, she had the duty to provide Christopher with the injections unless she had an lawful excuse such as can not properly afford the drug, since she did not have any lawful excuse, she was charged with manslaughter by showing reckless disregard for Christopher’s life due to knowing the fact that the doctors told Tuttons that Christopher needed the insulin in order to maintain healthy . This case is very similar to the case provided. Both of the case involves Religion. Based on the R v. Tutton case, even though the accused was following their religion, it does not help the fact that in the end they still committed murder. In this case, although the father was following his own religion, it still does not help the fact that he still physically beaten the child with a
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