Criminal Law and Procedure Assignment Essay

1) At the Trial of scissors lee, the prosecution would like to produce to the greet the tending avouchments of scissor hold leeward as raise of his confession. Can you write step to the fore a list of your objections you allow for shift with the court to the end product of the management literary argument at the trial?AnsUpon the production of the caution tilt of scissor leeward, I would like to raise every(prenominal) objections in term of its arresting cognitive operation, reliability and voluntariness.sensational Procedure PC34567 should devote cauti angiotensin converting enzymed scissors hold downwind at the football commonwealth fit to the Rules and Direction for the Questioning of Suspects and the Taking of Statements issued by the Secretary for Security in 1992, when PC34567 has evidence that cut lee might collect committed an offensive, he moldiness caution Scissor lee(prenominal) before putt him into further questions. In the caution statement, DP C13579 low quoted the colloquy between scissors hold lee(prenominal) and PC34567 to induce Scissor leeward to occupy a consensus in the fact exposit in that conversation, withal that conversation videotape was non obtained nether caution and at that postfore it should non be mentioned in challenge scissors hold leeward. Therefore, the caution statement is non obtained in a proper procedure and should be inadmissible.Arresting Procedure DPC13579 did non tell scissors lee his rights in full under arrest After scissors leeward was brought to the patrol station, he was non told by the police that he should have the chance to contact his family or bemuse a lawyer. In that circumstance, cut lee side may be put in a situation of helpless(prenominal)(prenominal) and unassisted. Besides, DPC13579 told pair of scissors lee that he could solely go if he had presumptuousness him a statement, indeed, in that respect is a rational doubt that scissors grip lee(pr enominal) may be bring on to cooperate to work out the caution statement. If he was told that he may make believe a lawyer to represent him, he should have stayed silence during the interview of DPC13579.reliableness The caution statement is recorded in English The interview should be conducted in the receive tongue of pair of scissors lee, that seems not to be English but Cantonese, upon the conversation between downwind and PC34567 to avoid both ambiguity and misunderstanding. scissor grip lee(prenominal) is moreover a Form 4 scholar at a secondary schooling and do not do intimately in academic. Therefore, there is a sound doubt that scissors lee side has the improvement in English that he understood all the statements make by DPC13579 and express concisely in his speaking close the whole story of the horizontalt.Voluntariness The length of the term of the interview is too long The distance of the interview is 2 hours. It may be a factor that sapping the free lead of scissors grip leeward in subscribe the cautioned statement. When the interview sequence is lengthened, cut lee(prenominal) was anxious to go home, and there is a fairish possibility that pair of scissors lee(prenominal) just supported the cautioned statement for allow DPC13579 to release him to go home, therefore the cautioned statement may not be made voluntarily and thusly should be inadmissible.Voluntariness scissors lee was in hunger but was rejected to take snack passim the interview, scissor downwind was not given any refreshment. The interview was held at the time of having dinner (2000-2200), as he was quite a hungry during the interview, he asked DPC13579 for some snack, however DPC13579 ignored him. In much(prenominal) circumstances, it is reasonable to object that the voluntariness of scissors grip leeward to sign the cautioned statement was greatly touched by hunger and ignorance of DPC13579, thus the cautioned statement should be inadmissibl e.Voluntariness cut lee was deceived in signing the cautioned statement DPC13579 showed the cautioned statement to Scissors lee side, and alone asked him to sign on it without explaining the content. Scissors lee(prenominal) thought the cautioned statement was a writing stating his right afterwards his arrest and sign(a) on it without full acknowledgement. There is a reasonable possibility that Scissors Lee was deceived into signing the cautioned statement and therefore, he was not un strained in admitting striking Ah Ho, therefore the cautioned statement should be void and thus inadmissible.Voluntariness Scissors Lee was afraid of prepossess in admitting the rudeness Scissors Lee was told by DPC13579 that he was the only one arrested by the police and he must admit smasher Ah Ho otherwise the police would be very furious and perplex to his school to see him each day. Scissors Lee was afraid that if he did not admit the disrespect, the police would genuinely come to see him every day which will obviously f atomic number 18 un pass judgment chevyment to him. Therefore, the cautioned statement is clearly forced as it has been obtained by a revere of prejudice.Voluntariness Scissors Lee was promised in admitting the crime Scissors Lee was told by DPC13579 that hitting is a honey oil colza and he would get away with a fine. Since Scissors Lee thought that he already has a distressing doctrine of bound-over and so that one more common assault would not further cloud his character. DPC13579 had made an convolution of release from police custody and therefore, it is obvious that Scissors Lee signed the cautioned statement in the desire of release, thus that statement is inadmissible.Voluntariness Scissors Lee was unsuitable for confession upon his emotional office Throughout the interview, Scissors Lee was terrified and anxious to go home. Under this genial condition, he was easily affected by external factors, much(prenominal) as th e cerebration or nemesis by DPC13579, zealous to go home therefore, it appears a reasonable doubt that he admitted the disrespect in absolute voluntary. As a result, the cautioned statement should not be admissible as it is not fair to demand Scissors Lee to make a plenary decision in the interview.Voluntariness Scissors Lee may be affected by alcohol On the day in question, before PC34567 brought him back to police station, Scissors Lee was forced to beverage whisky. It was sound to determine that whether the decision of Scissors Lee was affected by the alcohol. Therefore, there is a reasonable doubt that Scissors Lee signed the cautioned statement in an unconscious status, thus the cautioned statement may not be made in voluntary and so inadmissible.2) Supposed Scissors Lee would plead guilty at his trial, after part you advise him what mitigating factors you should address the court on his behalf?AnsAfter having a lucubrate analysis in Scissors Lees back flat coat and th e circumstance of the offensive activity, I may address the court some mitigating factors upon the facts of this case and of his back demesne. fiber position Scissors Lee was s cathexisd of offending Mr. spoiled Mr. swelled was an older boy who started to offer Scissors Lee drinks and snacks and treated him to parry after the match. He taught Scissors Lee how to drink and everybody in the football ground treated Mr. gravid like their leader. In this case, Scissors Lees offence was instigated by Mr. Big. Mr. Big told Scissors Lee to be at the football ground at 3.30 pm so that he would like Scissors Lee to tutor Ah Ho a lesson. Mr. Big move to threaten Scissors Lee that if he did not come, Mr. Big would treat him risque and teach him a real tremendous lesson. Scissors Lee committed the offence only in fear of Mr. Big but not intentional.Case Fact Scissors Lee was not the extremumval mover In this case, Mr. Big was end-to-end the only meridian mover of the offence. Sciss ors Lee was only in concord of Mr. Big be face of fear of Mr. Big. He vie a less all-important(a) image than his accomplices in this offence and therefore he should be held less guilty. Without the threat by Mr. Big, there appears no evidence that Scissors Lee would commit the offence and cause any harm to Ah Ho, therefore, Scissors Lee was only a puppet of Mr. Big for his offence to Ah Ho.Case Fact Scissors Lee onrushed to stop others hitting Ah Ho When Ah Egg, Zero, Ah Kin were hitting Ah Ho, Scissors Lee went up and shouted to them to stop. His attempt to stop others hitting Ah Ho shows that, at first, he had no intention of hitting Ah Ho. Scissors Lee only pushed Ah Ho once after Mr. Big holler at him, the purpose of his offence was only to make a false mien to Mr. Big that he was hitting Ah Ho but not intended to cause bodily damage to Ah Ho. In such circumstances, his offence was relatively un firm when compared to his accomplices.Case Fact Scissors Lee was affected by alcohol which was forced to drink by Mr. Big Scissors Lee never like drinking wine. however before the offence, Scissors Lee was forced by Mr. Big to drink a lot of whisky. His offence may be affected by alcohol. Therefore, in such unconscious status, Scissors Lee was part involuntary to commit the offence. There was no evidence that Scissors Lee will commit resembling offence in the future.Case Fact The injury of Ah Ho was not too heartrending Ah Ho was sent to the hospital for aesculapian treatment, from his medical report, he was discharged with no torsion from his wound and he would be expected to recover fully within dickens weeks. Although Scissors Lee and his accomplices did damage to Ah Ho, there was no evidence that the offence of Scissors Lee was causing any substantial damage and left field any irretrievable wound to Ah Ho. The offence committed by Scissors Lee was relatively decrease and it can be seen that the intention of Scissors Lee was not to cause serious harm to Ah Ho.Case Fact Scissors Lee did not attempt to come up Ah Ho after the offence Scissors Lee has not tried to harass Ah Ho after the event and he stays a distance from Ah Ho, even if they are still in the corresponding class. Scissors had shown genuine remorse for his offence and sorrow to what he had done to Ah Ho. travelling bag on these circumstances, Scissors Lee is less likely to recommit any offence to Ah Ho.Case Fact Scissors Lee pleaded guilty in sincere stylus and cooperated with the police Scissors Lee was regret for his offence to Ah Ho, and he pleaded guilty in sincere manner. Throughout the arrest, Scissors Lee cooperated with the police and told the fact without any concealment. From the preceding(prenominal) evidence, we can see that Scissors Lee has the intention to repent and reform, he is less likely to commit any similar offence in the future. Therefore, the court should censure him in high discretion.Background Scissors Lee has effective relations hip with people surrounded From the range report of Scissors Lee, he came to Hong Kong 10 years ago to reunite with his father. However, his father since divorced his give 8 years ago and left them. Scissors Lee is although come from a complicated family background his relationship with his puzzle is skilful. At school, he endlessly has dear(p) relationship with school friends, class teacher and the principal. Scissors Lee has good constitution and there is no substantial peril of reoffending.Background Scissors Lee is a person of responsibility Scissors Lee is an active participator at school and he always help the school in important events like open-day, parents-day and whenever Justices of Peace come to visit them. It shows that Scissors Lee has a good character and a good work record at the school. Besides, Scissors Lee is also the sports captain of his school. He is responsible for organizing sport events and taking care of other schoolmates during sport events. All of his achievements at school show that, he is a person of responsibility and therefore he chose to bear the consequence of his offence.Background Scissors Lee has a clear concern of future vocation Scissors Lee planned to be a footballer, a dancer or an artist after he has finished Form 5. He has a realistic prospect of career and therefore is outstanding from others of the same age. It shows that he is a mature and thoughtful shaver and therefore the criminal assurance of this lowly offence would be a cloud in his personality which may substantially affect his career and life in future already.Background Scissors Lee was not really familiar with the prime mover Mr. Big Scissors Lee was not really familiar with the prime mover Mr. Big and his accomplices, Zero, Ah Kin and Egg. They are only met at the football ground and play football together. After this event, Scissors Lee is much likely to reserved from those people and he will no longer be influenced by these harmful f riends.Background Although he was in bind-over, that offence was not relevant to this case Although Scissors Lee has a criminal conviction of fighting in public place on 5 Jan 2009 and he is under bound-over in $1000 for 12 calendar months to be of good behavior and refrain from acts of violence. However, that offence was obviously provoked by the victims and it is not relevant to this case as in this case, Scissors Lee was in threat of Mr. Big. Therefore, the court should not raise any relationship from this record to the present case.Proposed condemn Since Scissors Lees mother who earns only about $8,000 a month is the only financial support in his family, and the maintenance from his divorced father is always received on an irregular basis, to impose a fine may not be suitable as it may cause financial problem to his family. Therefore, a community service order should be imposed as Scissors Lee (1) is one with a light criminal record, (2) has a stable home background and good r elationship with his mother, (3) has a good record in school important events, (4) has a realistic prospect of organism a footballer, a dancer or an artist, (5) has shown genuine remorse upon his confession and (6) has no more than a slight risk of exposure of re-offending upon his background and facts in this case.