The Possible Offences - Jonny, Nancy and Sid - Assignment Example

Title: Name: Institution: Date: The possible offences in this scenario are as follows; Jonny Disorderly behavior in public as provided in s. 74A First s. 74a require us to establish ‘disorderly behavior’ According to section 74A (1) (b) disorderly behavior is when one behaves in an insulting, offensive or threatening manner. This was established This has been established Assault as provided in s. 222 To decide whether this has been established we look as how assault has been described a person who strikes, touches, or moves, or otherwise applies force of any kind to another person, either directly or indirectly, without their consent. This has been established Another offence is provocation as provided in s. 245 To know if this was established we look at provocation as described and in this case it is an action with reference to an offence of which an assault is an element. This was established Indecent assault s. 323 To know whether this was established there is need to decide whether the act carried out was viewed by any other person, therefore, this was established. Nancy Assault this is as provided in s. 222 To know if this was established there is need to decide if there was any force used. This element was established Wounding and other similar acts s. 301 To know if this was established there is need to know if there was intent to annoy as provide in s. 301A. This element was established Sid Assault as it is provided in s. 222 To know if this was established there is need to decide whether there was any kind of force applied. This element was established Grievous bodily harm s. 297 To decide if this was established there is need to decide whether the injury could lead to disability of any kind. This element was established In order to establish if Jonny had breached s 74A of the penal code, there is need to identify if they are captured in the s. 74. In this case s.74A provides the actions which could be termed as being disorderly behavior in public. According to Western Australia penal code any behavior that embarrasses and disrupts the peace of the victim and the people around is being disorderly. Therefore, in this case Jonny’s actions can be termed as being disorderly as it has been provided in WA S.74. Disorderly behavior in public is an offence which is punishable according to Western Australia law and attracts a fine of $6,000.Therefore, Jonny is liable for a fine of $6,000 for this behavior which was disrespectful and will have to pay a fine of $ 6,0001. To establish whether Jonny had breached the provisions of section 222 to charge him for assault we look at the possible sentences. In this case assault is the act by which Jonny touched and even kissed Nancy without her consent2. According to the penal code an assault is when a person strikes, touches or applies force of any kind to another person without the other parties consent. It may also be with consent which has been obtained by fraud. Therefore, Jonny is guilty of an offence of assaulting Nancy. There are different types of assault and they will be discussed in the course of the paper as they arise in the case. Another scenario of Assault is where Nancy slapped Jonny this left Jonny with bruises on his face. Nancy slapped Jonny on the face so as Jonny could stop kissing her. Another scenario of assault is Sid hitting Jonny on the face which had resulted from Jonny hitting Sid on the back. The other offence that can be identified in the case is provocation which is described in section 245 of the penal code. Provocation according to the Western Australia penal code is an offence that leads to assault. It is described as an incitement to assault because whoever commits the offence results in being assaulted3. In this case Jonny is guilty of an offence of provocation because he provokes Nancy by forcefully kissing who results in slapping Jonny so that she could let her go. Jonny also provokes Sid by hitting him so hard on the back which he reacts by hitting Jonny a heavy blow. This assault is punishable by the law and, therefore, they are both liable for an 18 month imprisonment and $ 18,000 fines. Since the assault caused bodily harm to Jonny they will serve a five year imprisonment term as their punishment (Western Australia, 1913). The other offence that could be identified from the case in accordance to the Western Australia penal code is obscene act in public. A public place is any place where there are a lot of people According to section 202 and 203 of the penal code obscene act is any acts that embarrass the viewers. In this case Jonny’s act of forcefully kissing Nancy in public is obscene and, therefore, an offence. This offence is punishable with a three year imprisonment or 12 months and $ 12, 000 fines. In this case even Nancy was part of the act she is not criminally responsible because the kiss was a forced one. The tongue kissing is obscene and, therefore, results to an obscene act which is an offence. Another offence that could be identified from this case is grievous bodily harm. This is well described under section 297 of the Western Australia penal code. Grievous bodily harm is when a person causes injury to another person, which is to cause or might cause disability of any kind to the victim. In this case Sid punched Jonny while holding a glass of beer, the glass shattered on Jonny’s right eye and it caused him blindness. Therefore, Sid is guilty of an offence of causing grievous bodily harm to Jonny and is liable to imprisonment of 10 years. Grievous bodily harm is a serious offence in Western Australia because no person has a right to cause another injury which could result to any kind of disability. Therefore, any person who commits such an offence should be punished as it is provided by the Western Australia penal code. Another offence that could be clearly identified in this case according to the Western Australian penal code is wounding and other similar acts. This is when one causes a wound on another. This is an offence and it is punishable by the law. Nancy slapped Jonny and caused bruises on him this is an offence because it amounts to wounding another person. Sid also hit Jonny and bruised him which amounted to wounding him. Therefore, Nancy and Sid are guilty of an offence and are liable for a five year imprisonment term. There is also another crime which could be identified in this case is indecent assault this according to section 323 of the Western Australia penal code. Indecent assault is when the offender acts in a manner that would embarrass the victim. Indecent assault is highly related to sexual assault where the offender does a thing to the victim without the victims consent. In this case Jonny is guilty of indecent assault because of forcing to kiss Nancy without her consent as other people watch. This offence is punishable by law where the offender is liable to 2 years imprisonment term and fines of $ 24,000. There is also aggravated indecent assault which is described under section 324 of Western Australia penal code where the offence arises where an act by the offender is to humiliate and degrade the victim. In this case Jonny kissing Nancy in public humiliated her and, therefore, Jonny is guilty of aggravated indecent assault which is punishable by the law with seven years imprisonment or 3 years imprisonment and fines of $ 36,000. In conclusion, Western Australia penal code is the law that governs day to day living of people and ensures that people do not commit crimes in the society. The penal code also helps bring the offenders of different crimes to justice because it directs on how they should be punished. The penal code gives severe punishments to those who breaks the law in terms of imprisonment and fines to them. This helps on reducing the rate at which people commit crimes and other minor offences. The penal code is the law that governs West Australia because that is its jurisdiction. Therefore, in this case all the three parties have committed different offences as it has been explained above and their punishments have been delivered using the Western Australia penal code. Jonny is criminally responsible for provocation since he is the one who started the whole scenario by kissing Nancy by force and went on to hit Sid. This made them to react in a way that amounted to assault. Jonny also committed indecent assault against Nancy because the act of tongue kissing her humiliated and degraded her. All this offences are punishable by the Western Australia penal code. References Western Australia. (1913). Criminal Code Act Compilation Act. Government press.  Foucault, M. (1995). Displine and Punish: Birth of prison. London: Vintage. Marmo, M, Lint, D.E, & Palmer, D. (2011). Crime and Justice: A guide to criminology. Sydney: Thompson Reuters. Wortley, R. (2004). Psychology Criminology: An interactive approach. Sydney: Fishpond World Ltd. Read More