questions attached below

questions attached below


FACULTY OF BUSINESS Department of Law, Public Service and Education Law Continuous Assessment Brief Programme Title and Year: BA in Law with Criminal Justice - Year 4 Winter Semester, Academic year 2023/24. Module Title: Sentencing Law & Policy Assessment Title: Module Assessment Dec.’23 Internal examiner: Marianne Dee External Examiner: Lughaidh Kerin Continuous Assessment - Percentage of total Semester Assessment: 100% Faculty of Business Assessment Policy documents can be found in ‘Student Guidelines’ at the following link: � Submission Date: Option A - An electronic copy to be submitted on or before 9.30am on Monday, the 19/12/’23 via Blackboard Turnitin and a hard copy thereof to be handed to the lecturer Mobile User in room 2268A at 9.30am on the same date. Option B – An electronic copy of the powerpoint to be submitted on or before 9.30am on Monday, the 19/12/’23 via Blackboard Turnitin and a hard copy of the powerpoint to be handed to the lecturer at the commencement of the student’s presentation which will be delivered during scheduled classes in the week beginning the 19/12/’23. Instructions: Read the scenario detailed below and then complete either Option A or B hereunder (pg. 4) Mobile User SCENARIO The Circuit Court Northern Circuit Letterkenny County Donegal Record No. DLP0052/21 DIRECTOR OF PUBLIC PROSECUTIONS -v- ROBERT BURKE At Letterkenny District Court on the 20th of March 2023, the above named accused was sent forward, on signed pleas of guilty, to Letterkenny Central Criminal Court for sentencing in respect of the following three offences:- 1. Burglary, contrary to s.12(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001 2. Rape, contrary to s.2(1) of the Criminal Law (Rape) Act 1981 3. Assault causing serious harm, contrary to s.4 of the Non-Fatal Offences against the Person Act 1997; Burglary and Rape Offences On Wednesday, the 5th of January 2021 at 1.15am, the accused, wearing a wig and mask, entered Sarah Holmes’ house and stole her nest egg of €50,000 euro which she had kept in a box under the stairs. He had been high on cocaine at the time. The accused had learned about this money when, a couple of months prior to the incident, he had overheard Ms. Holmes’ son Frank pleading with his mother to lodge the money in the bank. The Holmes had been in the garden at the time and the accused, a window cleaner, had been outside cleaning the windows. The accused had decided there and then to steal the money but had also decided to wait a couple of months so that suspicion would not fall on him. He had not initially intended to hurt Ms. Holmes but she had resisted and the accused, in a sudden and blinding rage, raped her. It took place in Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User Mobile User the kitchen, was very brief and not much force was used as Ms. Holmes was paralysed with fear. Ms. Holmes has been traumatised by the events of that day and is receiving weekly counselling. She had retired two months prior to the incident at the age of 60 and had plans to take a number of courses and travel extensively. She lives in constant fear and no longer feels safe in her home. She finds it difficult to socialise with her friends and family and feels very isolated. She cannot sleep or concentrate and the potential of her ‘golden’ retirement years has been shattered. The defendant spent the entire €50,000 euro on drink, drugs and gambling. Assault Causing Serious Harm Offence On Friday, the 9th of December 2021 at 8.35pm, the accused, whilst shopping in the local corner store for more vodka (he had drunk a bottle already that day), was asked to leave by, Ted Warden, the shop owner. He flew into a blind rage and punched 47 years old Mr. Warden on the side of his head and kicked him in the stomach when he fell to the ground. He then staggered out of the shop. Mr. Warden lost his hearing in his right ear and had to receive surgery for a ruptured kidney as a result of the assault. His quality of life has been severely affected as he has developed clinical depression from the trauma. He is no longer the man he was and therefore the lives of his wife and 14 years old twin boys have been adversely impacted also. The Defendant Robert Burke is 22 years old (born on 16/02/2001). He is a window cleaner. His parents were both alcoholics and physically and mentally abused him throughout his childhood. He also developed a drink and drug dependency from the age of 13 to 21 years. His aunt who had been living in Australia for years, returned to Ireland in January 2022 and the defendant has resided with her since April 2022. She has been a tremendous support to the defendant who has been receiving treatment for his drug and alcohol addiction for the previous 11 months and is making excellent progress. He has been diagnosed with Post Traumatic Stress Disorder due to his childhood experiences of abuse and neglect. The main symptoms of this disorder that he suffered from were having angry or aggressive outbursts and engaging in risky, reckless, or destructive behavior. He is now on medication which successfully manages these symptoms and is receiving therapy for the underlying causes of the PTSD. He is very remorseful for his actions and has written letters of apology to his victims. Option A Mobile User You are the sentencing judge. Provide a written judgment of the sentences you have determined and the process, principles, factors and guidelines by which you reached your determination. (Word Count – max. 1,750) Or Option B Deliver a powerpoint presentation (15 minutes max.) in which you assess the appropriate sentences that should be imposed in the above scenario and examine the process, principles, factors and guidelines by which a sentencing judge would so determine. Mobile User The process, principles, factors and guidelines by which a sentencing judge would so determine. · Introduction The defendant was sent forward from Letterkenny District Court on signed pleas of .... · Factual Background Factual details of crimes committed. · Facts arising from the Sentencing Hearing Impact on victim. personal circumstances of defendant · Approach to Determination of appropriate Sentence Goals of sentencing, proportionality principle - seriousness of the offences - aggravating factors to the specified offences, harm caused to the victim - headline sentence. · Guideline Judgments re range of penalties Casey, FE, Fitzgibbon etc · Headline Sentences Determine appropriate headline sentences for each of the three offences. · Mitigating Factors Identify the applicable mitigating factors in respect of the offender. Quantity the discount on headline sentence merited by the mitigating factors - of what percentage?? Suspended. Concurrent. Consecutive Sentences?? · Totality Principle Review the sentences in light of this principle. · Conclusion - actual sentences imposed.