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Review the Files for Three Scenarios and Advise the Crown Prosecutor Supervising Your Training - Essay Example

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Name: Institution: Course: Tutor: Date: Review the files for three scenarios and advise the Crown Prosecutor supervising your training Scenario 1: In this regard, it is vitally important to put in consideration the evidence of the case as well as the public interest during the determination of possible prosecution…
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Review the Files for Three Scenarios and Advise the Crown Prosecutor Supervising Your Training
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Download file to see previous pages Notably, this has significant impacts on his credibility and would greatly influence any decision for prosecution. In this scenario, it is also worth noting that the suspect’s divorce case has direct implications on his attitude towards the case. This should be put in consideration because to a great extent, it could have probably influenced the decision that he made with respect to committing the crime. Also worth mentioning is the fact that the suspect had been drinking. In this regard, alcohol and relative drinks have negative implications on the decision making capacity of an individual. Influence of alcohol undermines objective decision making and can make an individual to indulge in activities without understanding the implications for this. The suspect’s decision to settle the case out of court also has direct impacts on decision making in this respect. This implies that he has already assumed criminal responsibility and understands the legal implications of his actions. On the level of public interest, there are various factors that need to be considered and analyzed accordingly. Legal provisions at this point assert that although out of court settlements have been made, factors pertaining to the criminal record of the offender as well as the seriousness of the offence can inform prosecution. According to research, there are certain facts whose presence in the scenario increases the likelihood of the suspect being convicted (Howell, 2011, p. 51). As aforementioned, the suspect has committed the same offence for the second time. The previous offence regarding smashing of an office window had similar facts as this one. Seemingly, it also occurred after an argument with the contractor and involved smashing of a glass window using a stone. Although he has already footed the current damages, this trend implies that he is likely to repeat the crime in future. Put differently, the criminal behavior of Nathan is likely to be repeated in future. The sentence for the offence is three months imprisonment and or a level 4 fine. Notably, this sentence is not significant as compared to the sentences of other criminal offences such as assault. However, this offence involved a threat of violence. Presumably, the suspect could have used the stone to cause more harm to the victim, her children or the victim’s property. Further, the fact that this offence was committed in the close proximity of two children increases its likelihood for prosecution. From a legal standpoint, children are protected by the law and committing an offence within their proximity should be avoided at all costs. Conversely, there are factors whose presence in the scenario reduces likelihood for conviction. To begin with, Nathan has exhibited compliance with regard to out of court settlement. He has already affirmed that he indeed committed an offence and has taken practical steps to pay for the relative damages. Basing on the preceding analysis, Nathan should be prosecuted for the criminal offence. He has committed an offence with similar facts for the second time, did this in the proximity of the children and was under the influence of alcohol. Arguably, he exhibits a significant level of irresponsible behaviour and basing on his criminal record, he is likely to r ...Download file to see next pagesRead More
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