LAWS 380 Assignment 1: Evidence Analysis Question One Theory of the Case On 4 May 2017 Ian Palmer was high on synthetic cannabis. He burgles a nearby house, returns home for a few hours and then goes to Emano street to continue his burglary spree. He selects 45B Emano Street and enters through the back door. He spots a man, James Linkhorn, in the kitchen, panics about getting caught, and in his drug-fuelled volatility he decides to attack the man to with the screwdriver he used to break in. During the attack, he hears a car pull up and flees out the back door without stealing anything, his shoe falling off in his hurry, and runs home. His use of the drugs causes him to forget the incident. Issues The key issues in dispute are: Was Ian the …show more content…
The defence will raise the inconsistencies created by Jame’s statement that the attacker spoke of “Phil” yet there is no evidence that there was any connection between Philip and Ian. There is no evidence that directly connects Ian to the attack itself nor any connection of his screwdriver to the attack weapon. Did Ian intend to cause grievous bodily harm? The prosecution theory of a burglary-gone-wrong and thus intent formulating out of surprise and panic is very circumstantial, placing heavy reliance on impaired judgement caused by synthetic cannabis. The defence would dispute this intent as uncharacteristic of Ian who has no history of violence offences, nor any reason to violently panic upon seeing a 63 year old, sick …show more content…
Ian admits to using synthetic cannabis for “ages” until his arrest, and also attributes his lack of memory and alibi for the Tipahi robbery to his use of synthetic cannabis “a lot around that time”. Ian’s admission to use of a screwdriver, placing Ian in possession of a weapon capable inflicting James’ wound. Ian admits that he might remember the attack, did not use a knife but rather a flathead screwdriver and he had used a screwdriver in another Toitoi burglary (presumably the Tipahi burglary). Further, possession is consistent with the facts of that burglary. The evidence in Detective Ta’ala’s and Dr Foster’s formal statements which correlate to prove James was attacked with a weapon on May 4. Detective Ta’ala describes a police call, blood trail and description of injuries consistent with an attack and largely consistent with Dr Foster’s description of James’ injury as “3cm vertical ragged laceration”, an injury that could be caused by a screwdriver-like weapon. Question Two I would not seek to adduce the material in Philip’s formal
On August eighteen, 1992, police were invited to a burning place Somerville, Texas, wherever they found the bodies of 45-year-old Bobbie Davis, her 16-year-old girl, and her four grandchildren, ages four to nine. Davis and in addition the grandchildren had been scraped, crushed and reserved. Davis’s girl, Nicole had fatally shot. A few days later, police inactive Henry M. parliamentarian Carter, 26, the dad of one of the grandchildren, once they detected he had burns and bandages at the children’s ceremony.
For the past two years, thirty-year-old Freya Larson had lived vicariously through, of all people, herself. Knowing the death of her fiance, Rookie Officer Ian Larson, had prompted dynamic changes in the prosecution of repeat drug offenders in Barrington city did nothing to lessen the impact of his devastating loss. On the early evening of July 4, 2014, while pursuing an armed suspect into a condemned property at the corner of Pace and Singleton Streets, Ian and his partner, Calvin Woods, were ambushed in what was later verified to be a targeted gang shooting. Sustaining multiple wounds, Calvin 's injuries turned out to be non-life threatening, but Ian was hit in the side of the neck by a .38 caliber bullet, resulting in his death.
Mr. Notarnicola advised sometime between 2330 hours on 09/08/2015, and 0800 hours on 09/09/2015, an unknown suspect used an unknown type sharp tool to keyed the driver side of the listed vehicle from the headlights to the taillights while it was parked in the yard at the listed location. He said the entire driver side is keyed from top to bottom, front to back. Mr. Notarnicola said the suspect then fled the scene undetected. He said he and his wife are on the HOA Board and have been the target of many acts of vandalism by adults and juveniles in their community.
Andrew Mallard is a British-born Australian living in Western Australia. Andrew was new to the town when he was suspected of murdering Pamela Lawrence on May 23rd, 1994. Andrew Mallard was convicted on two pieces of evidence. The first piece of evidence was police notes, which claimed that Mallard had confessed. Though Mallard did not sign these notes.
35-41-5-1- Attempt is a person attempts to commit a crime when, acting with the culpability required for commission of the crime, he engages in conduct that constitutes a substantial step toward commission of the crime. Attempted murder is a class A felony. He committed the crime almost killing Wendy and hurt multiple other people. He is responsible for the act that he committed, he slammed Wendy down in the pavement and punched her, no one else is responsible but Weaver. He cannot use being on LSD as an excuse especially since he willingly took it.
This proceeding, reference number: t16781211e-23 on December 11, 1678 has two offenders named Nathaniel Russell and John Watson. These two men are being prosecuted for the killing of William Midgley. Both William and Midgley pleaded not guilty in the accounts of murder. They are accused of giving Midgley a “mortal wound on his breast” from which he died days later. There are three witnesses who include: Dorothy Midgley, sister to William Midgley, Elizabeth Symmonds, and Rebeccah Niccols.
They think Steve Harmor was responsible for Mr. Nesbitts he was not part of these of the robbery kill a person that makes the bad choice. The main point Steve Harmon was in jail for a murder who was part of the robbery and he was in few months in jail and week. First of all, Steve was the lookout for the robbery because of he and meeting to being there. “Journal entry” “I was going to the store and buy mints.” He shows the sign of the
Eventually, the officers received a report that both men did nothing wrong and let Graham and Berry go home. In result of this situation, Graham received a broken foot, cuts, bruises on his forehead, and an injured shoulder. In Graham’s case, “The District Court granted the respondent's motion for a directed verdict at the close of Graham's evidence, applying a four-factor test for determining when excessive use of force gives rise to a 1983 cause of action” (“Graham vs. Connor.”), which inquires whether the force was applied in a good applied manner to
It all started off in an abusive common law relationship between Angelique Lyn Lavallee and Kevin Rust. The couple had been together for a few years and the abuse Ms. Lavallee endured was physical, sexual, emotional and verbal. (Morris & Pilon, 1992) As a result of this abuse, Lavallee had made consecutive visits to the hospital. (Morris & Pilon, 1992) One summer night on August 31, 1986 the couple had hosted a party.
According to the police report, the only other person in the area when the crime was committed was the three-year-old half-brother of Nathan. A three-year-old is not a reliable source of information about what really happened. However, Evans’ wife could be used as a judge of his
During the 1900’s working conditions were undeniably horrible. In Packingtown everyday got more difficult as the days went on. In the meat packing business things were supposed to be done quick. Inside the factories packing, chopping, inspecting and people actions didn’t mix. Not only did the people in the factories suffered, the people outside of the factory also suffered.
He found that Police procedures with regard to evidence referencing, police chain of custody and overall collection of evidence. He stated that the Queensland Police Force failed the most rudimentary collection protocols and this lead to confusion in the labelling of exhibits and their actual obtaining from the accused. He further pointed out that searches were conducted in a manner that exposed the primary and secondary crime scenes to contamination. A video of the Police search showed that none of the officers involved wore protective clothing, gloves or booties; that swab testing of the car showed that the officer involved in collection conducted the Sangur strip test and actually allowed his fingers to come in contact, thus providing a false positive indication for human blood, when it was noticed that he had a small cut on his finger; fingerprint collection was done before testing for human enzymes which also could have produced a false positive due to the chemical makeup of the powder used (the force used Magnapowder which has a metallic composition and this reacted with the test strips); photographs of the boot floor showed that none of the items were laid out on white protective paper. This would also have prevented cross contamination and enabled the collection of any evidence that fell from the boot.
In Richard Godbeer’s telling of the dealings of 1692 in Stamford, Connecticut, a servant with a name of Katherine Branch, who is seventeen years old, suddenly started experiencing fits prematurely according to the information of the happenings in Salem. Godbeer records her master’s (Daniel Wescot) and mistress' (Abigail Wescot) endeavors to locate a clarification, either supernatural or natural, and the ultimate perturbed settling on witchcraft; the relatively sluggish progression by which Branch came to lay blame on Elizabeth Clawson and Mercy Disborough as her harassers; and Goodwives Clawson and Disborough's testings and final discharges. Katherine Branch’s case was treated with intense skepticism, since the judges, ministers and the formal
In order for an act to become a crime, there must be intent present at the time of the act being carried out. The intent here is showed by the fact that the would be defendant was in a heated argument, left the argument, and returned back to the scene of the argument with a deadly weapon determined to kill his coworkers. The amount of time that passed gave Swafford a chance to consider his actions and deem them irrational and dangerous. This guilty state of mind defines his motives, making him guilty in the eyes of the
Devon Moore had also spoke about the two not being in the best position when he had an encounter with Nik at the bar. Nik had fired Jamie the night of the crime was committed and Jamie had also mouthed off at another customer, showing signs of aggression. The crown argued that the accused, Jamie Rogers had been intoxicated that night which could be why he had no recollection of the murder of Nik Pasternak. Jamie had also stated that he woke up with bruises and couldn’t remember what happened after being punched, but the accused had gotten home after the