Question:
Discuss about the English Legal System and Methods Mooting, The appeal was rejected by the Judge. Moreover, the complexities lay in the fact that Mr. Wan’s reaction was considered as natural behaviour that was influenced by his ethnic culture.
Answer:
Briefing of the Case:
The case is associated with Mr. Obi-Wan, an Asian civic who has been charged for having committed indictable offenses. Some of his offenses are culturally oriented-crimes. There has been a perplexed action pertaining to the appointment and deployment of an Asian juror during the hearing of the case. However, the appeal was rejected by the Judge. Moreover, the complexities lay in the fact that Mr. Wan’s reaction was considered as natural behaviour that was influenced by his ethnic culture. It needs to be confirmed whether the accused is found guilty.
Submission:
In the case of CHIANG LILY v. SECRETARY FOR JUSTICE [2009] HKCFI 100; HCAL 42/2008 the appellant won on the basis that the jury were not able to understand the value associated with the culture and the act of the appellant was without any intention to cause harm to the other party.
According to Race Relation Act 1965 Chapter 6, Section E clearly states that any civilian residing on English soil shall fall under the common English law i.e. if a person is found guilty of committing a dire offense, shall be treated as offender irrespective of his or her ethnic and/ or cultural background. It can therefore, be clearly argued that Mr. Wan’s offense should be treated as an offense of a common.
Ground of Appeal:
Section 9 of the Criminal Code highlights the point that vindictive offenders shall be dealt with serious treatment. The accused has breached the Common Law of the country hence probing him a guilty. It can thus be appealed that there is no need for biased treatment depending on one’s ethnicity as the deed of the accused falls under Common Law offense and it should be treated equally with general offenders.
References
CHIANG LILY v. SECRETARY FOR JUSTICE [2009] HKCFI 100; HCAL 42/2008 Race Relations Act 1965.
