Problem question Essay Example | Topics and Well Written Essays - 2000 words

Problem question - Essay ExampleAccording to section 143 (1) CJA 2003 openly stipulates that the graveness of a certain offense must be established by revisiting two briny elements the guilt of the criminal and the damage that resulted from the abomination or potentially being rooted by the crime (W100 team, 2012 p. 55). From Jakes poll taker point of view, he must be tried as a premiere offender considering the graveness of the offense. From the information provided in the case Jake has got no previous criminal records or convictions. and so the reason for the magistrate to pass an appropriate sentence that will not ill-treat him more. Revisiting factor number 1 concerning guilt or culpability of the lawbreaker, it is partitioned into four main parts according to degree of seriousness. The offender whitethorn fill had the objective to commit to cause damage or injury to the victims. He/she may have been c beless in causing injury to the point that he/she knows wrong will be caused precisely he/she still goes forward to commit the crime. Besides, the offender could have had facts about the impending risks of causing harm but he/she did not have the intention to cause injury. Lastly, the criminal could be only abstracted of the risks and the likely harm. Basing on the facts given Jake falls in the least(prenominal) seriousness to an extent that he was totally negligent of the risks involved. Jake committed the crime on impulse without putting in mind the impending risks. He had the assumption the owner had already left in hurry and that the said owner irritated him in addition to his friends irritation and ridicule of his entire situation. Therefore Jake must be charged under the least seriousness or culpability. Secondly, the harm caused during the criminal act counts a lot for magistrates evaluation. Though the state of harm is hard to classify, section 143 (1) CJA 2003 makes an effort to group harm in three wide headlines that may be used during t he court proceedings or trials of the offender (W100 team, 2012 p. 55). Injury to persons or victims could be rape, psychological harm or loss of finances destruction to the society which could encompass destruction of public health facilities scandalise to the national safety and lastly harm to the animals. Though from the facts given, the four year child got frightened to a point of not being left all alone for more than 3 months, Jake was not cognisant that his actions could come in the line of the a child. Besides, the mother being stressed to an extent of attending counselling for six sessions, Jake had no intentions to scare anyone. If by any point she got scared, then it is clear that her actions with those of the child scared her off. Jake was hoping for a peaceful job where he expected no one to spot him. From the series of events in the information provided it is apparent that as much as the bench of magistrates can entirely blame Jake for the offences given, at the sa me time one must note that Jake acted on impulse and not on intent. The solicitor must also use other factors such as mitigating and aggravating factors in defending Jake. These factors are vital in ruling judgment upon the accused or offender.