Legal Defense For Blake In Black's Matter Case Study

This is bringing to your notice that as per the case of Black’s matter I have already study the matter. As I already know the details of the case, therefore I would like to know who would work on this case. As I know the facts of the case, which is interesting to process, therefore I would like to work on this case.

I would like to know when we would send the official letter to Blake for the further process in the court. As already, he charged with Sec469 – Wilful Damage Criminal Code (Qld), Sec- 340 (1) (b) - Serious Assault Criminal Code (Qld) and Sec-6 – Public Nuisance Summary Offences Act 2005 (Qld).  The client also told you that at the time of the accident he was highly intoxicated. Therefore, we can provide him defense as per the Section- 28 Intoxication Code (Qld). According to the charges, we have to process the case in the Queensland Magistrate Court. Therefore, we have to give him the details of court process and, court fees and as well as the charges of advocate’s bill.  As per the case facts, should we directly charge the client or it will be charged in Legal Aid Queensland.

For the processing of the case, we need details of Blake’s contact. In every matter, we have to inform him regularly. We should ask him about the contact details like phone number, email address and fax details.

As per the charges of the court, the police give him a detail of documents   of his charge sheet for the offence. Therefore, we need those documents for pleading in the court as we are working on the defense party. We need to collect the other details of

• His friends
• bill of the restaurant and contact details from his friends
• Details of the owner and manager of the restaurant and the damages.

We will adduce the evidence before the honorable court of Queensland. Before adduce the evidence we must prepare the proper documents about the above details. As per the details of the restaurant, that they have damages of amount $5000.00 for the tables, chairs, windows and stock behind the counter.

When Blake hit the police officer with the knife, Officer Ginni’s arm and leg was injured. Therefore, we also need the details evidence and proves of his injuries. When the police officer injured by Black, he also hit back to Black. Furthermore, we need the details of his injury and the treatments.

As soon as we gather all the details of the matter, we will further process for the case. For processing the case, I need your variable and important guidance from you. As I am working recently as a legal administrative under your guidance in your solicitor firm, requesting you a complete guidance in this case.                                                                                                        

As per your reply, we are sending you details of the offences that you have charged by the Police Officer Ginny. Mr. Jim Smith who is your solicitor also sending you the different aspects for defense. The details are described below:

According the case study, Blake was in an outing with his friends. They went to a restaurant for having dinner. While the police officers in that place for routine check up, they found that Blake and his friends are disturbing the peace in the restaurant and the manager of the restaurant inform to the police about the situation. While Police Officer Ginni comes towards to Jim for approaching, he takes a knife and hit the officer with it. Officer gets injury in his arm and leg and he tried to defense himself and hit back to Blake. Therefore, for the situation there was situation arise that the furniture of the restaurant was damaged and the authority faced about $5000.00 loss.

Part B

As per the case study, Black was charged as per the Sec469 – Wilful Damage Criminal Code (Qld), Sec- 340 (1) (b) - Serious Assault Criminal Code (Qld) and Sec-6 – Public Nuisance Summary Offences Act 2005 (Qld) defines section if a person has disorder of intoxication or stupefaction, then he will not have the intension of harm anybody. His mind was affected for the drugs or intoxicating liquor or by any other means. As per the offence, whether Black can defense himself, as he was intoxicated on that day.

As per the case study, black was charged with the Sec469 of Wilful Damage Criminal Code (Qld) if any person wilfully and unlawfully damage nay property, then he will be liable for the offence. Sec- 340 (1) (b) - Serious Assault Criminal Code (Qld) (Ashworth & Horder 2013)define if any person assault to other person with criminal intension or assault to any police officer at the time of his duty hours by intension, then that will treat as an offense. Sec-6 – Public Nuisance Summary Offences Act 2005 (Qld) (Buccafusco & Masur 2013) defines when a person commits offense under this section of public nuisance when that person’s behaviors interfere in the peace of other people in the public place. As he claimed to the solicitor that he was intoxicated at the time of the accident, therefore he can be defense as per the Section- 28 Intoxication Code (Qld). In Magistrate court, the defendant can apply for defense himself trough the solicitor.

According the case study, the police officer charged Blake with the Sec469 – Wilful Damage Criminal Code (Qld) for damaging the property of the restaurant. When he hit the police officer and he hit back to him, them a collision took place. For that accident, the authority of the restaurant have charged him for damaging the table, chairs windows and stock behind the counter which worth $5000. In this section, the statues stated that if any person wilfully and unlawfully damage nay property, then he will be liable for the offence. As Blake damage the restaurant property in the premises of that restaurant, he may have the penalty for life imprisonment (Burchell 2013).

As per sec- Sec- 340 (1) (b) defines the Serious Assault Criminal Code (Qld) which stated the facts that if any person assault to other person with criminal intension  or assault to any police officer at the time of his duty hours by intension , then that will treated as an offense (Costa et al. 2015). As per this section, Blake was charge for hitting the police officer Ginni with a knife and injured his arm and legs where his criminal intension was established. For this offence he can be imprison for at least 14 years for the offence to hit the police officer. When someone assault a public officer at the performance of his duty, then he will be punishes as per this section (Herring 2014).

The Sec-6 defines the Public Nuisance Summary Offences Act 2005 (Qld) in Queensland. A person commits offense under this section of public nuisance when that person’s behaviors interfere in the peace of other people in the public place (Lamb 2015). According this section Blake had charged with this offence because he and his friend-making nuisance while they are having dinner in that restaurant. The officers are there for routine check up and for managing the situation the manager of the restaurant called the officer. He is liable for disturbing the peace environment in that public place. The other people of the restaurant also disturbed by their nuisance behavior. As per this section, there is no need that someone may complain against that person who is liable for this offence but the police officers who are on that duty they can also arrest that person and process the offence for the public nuisance offence. For this offence, that offender can have penalties for at least 6 months of imprisonment (Costa et al. 2015).

Facts

As per the case study, Blake had charged with several offences. While he went to his solicitor, he told him that at the time of the criminal offences he was highly intoxicated. According to the sec- Section- 28 of, the Criminal Code 1899 defines the Intoxication (Khoury & Khoury 2017). According this section if a person has disorder of intoxication or stupefaction, then he will not have the intension of harm anybody. His mind was affected for the drugs or intoxicating liquor or by any other means. According the sec 27 of the Criminal Code 1899 when a person has the insanity of mental disorder for any drugs or natural mental infirmity, then he will not include in any criminal offence. As per the sec 27, the intoxication has the defense rights when a person is under this situation (McBain 2017). 

As per the case study, Blake stated that he was highly intoxicated at that moment when the police officer tried to warn him. Out of the delusion, he hit the police office and injured him. Therefore the police officer also hit him for own protection. The restaurant property was also damaged. They charged $5000 for the damages. As per this section, the intension of the criminal offense may vary (McBain 2017). When someone kill, murder, or raped someone in the intoxication situating, then it will treat as an offence in this matter but when someone hit another person for defense himself in intoxication mode, then according the legislation of this section he may declare that he has no liability for that offence. It may vary. The offences never apply for the extent intentional cause for damaging someone’s property, hit, or kill someone that person will treat as an offender (Khoury & Khoury 2017).

R v O'Connor [1991] Crim LR 135 is a famous case where the sec 28 of the Criminal Code 1899 where the Supreme Court had given the orders for disclosure of medical records. The appellant was suspected for the murder (Quilter 2016). When he kill the person he was intoxicated and he stated that he was under attack and for defense own self he had murder for defend himself. In this case, the court has failed to mention the effect of intoxication on self-defense as per the situation.  As per the case study, the appellant stated that he was woken by one of the friends, McCloskey, hitting him on the head when he was sleeping. At that, moments he picked up some broken glass and started hitting McCloskey for defend himself. Next morning he found dead and fount almost 20 wounds in his face. The appeal was dismissed and the appellant's conviction upheld. A defendant is not entitled to rely, as far as self-defense is concerned, upon a mistake of fact, which has been induced by voluntary intoxication. In this case the police officer will investigate again before the defendant plead with guilt. The Police Officer Ginni will give his witness in this matter about that incident (Stark 2016).

Conclusion

As per the upper investigation we can come on the conclusion that though the defendant had commits several offences as per the Sec469 – Wilful Damage Criminal Code (Qld), Sec- 340 (1) (b) - Serious Assault Criminal Code (Qld) and Sec-6 – Public Nuisance Summary Offences Act 2005 (Qld), he have some opportunity to defense himself from the committed offence. As per the sec- Section- 28 of, the Criminal Code 1899 has give opportunity to those persons who have committed offence in the intoxication situation. As per the Magistrate Court of the Queensland, the case should be proceeding and the orders will be stated as per the process of the court. After the case present in the court, the Judge will declare the dates and the fines related to the case.

References

Ashworth, A., & Horder, J. (2013). Principles of criminal law. Oxford University Press.

Buccafusco, C., & Masur, J. S. (2013). Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law. S. Cal. L. Rev., 87, 275.

Burchell, J. M. (2013). Principles of criminal law. Juta and Company Ltd.

Costa, C., Douglas, H., Hamblin, J., Ramsay, P., & Shircore, M. (2015). Abortion law across Australia–a review of nine jurisdictions. Australian and New Zealand Journal of Obstetrics and Gynaecology, 55(2), 105-111.

Herring, J. (2014). Criminal law: text, cases, and materials. Text, Cases and Materials.

Khoury, B. S., & Khoury, J. N. (2017). Dentistry and criminal law. Australian dental journal.

Lamb, S. (2015). A critical examination of the defence of dwelling in Queensland. Pandora's Box, (2015), 91.

McBain, G. (2017). Modernising English Criminal Legislation 1267-1970. Public Administration Research, 6(1), 53.

Neyers, J. W. (2017). RECONCEPTUALISING THE TORT OF PUBLIC NUISANCE. The Cambridge Law Journal, 76(1), 87-115.

Quilter, J., McNamara, L., Seear, K., & Room, R. (2016). Criminal Law and the Effects of Alcohol and Other Drugs: A National Study of the Significance of Intoxication in Australian Legislation. UNSWLJ, 39, 913.

Quilter, J., McNamara, L., Seear, K., & Room, R. (2016). Criminal Law and the Effects of Alcohol and Other Drugs: A National Study of the Significance of Intoxication in Australian Legislation. UNSWLJ, 39, 913.

Siegel, L. J., & Welsh, B. C. (2014). Juvenile delinquency: Theory, practice, and law. Cengage Learning.

Simester, A. P., Spencer, J. R., Stark, F., Sullivan, G. R., & Virgo, G. J. (2016). Simester and Sullivan's criminal law: theory and doctrine. Bloomsbury Publishing.

Simester, A. P., Spencer, J. R., Stark, F., Sullivan, G. R., & Virgo, G. J. (2016). Simester and Sullivan's criminal law: theory and doctrine. Bloomsbury Publishing.

Stark, F. (2016). Culpable Carelessness: Recklessness and Negligence in the Criminal Law. Cambridge University Press.