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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.
Answered 4 days AfterDec 10, 2023

Answer To: questions attached below

Deblina answered on Dec 15 2023
15 Votes
WRITTEN JUDGEMENT
Table of Contents
Introduction    3
Factual Background    3
Facts arising from the Sentencing Hearing    4
Approach to Determination    5
Guideline Judgments re range of penalties    6
Headline Sentences    6
Mitigating Factors    7
Totality Principle    7
Conclusion    8
Introduction
The defendant was sent forward from Letterkenny District Court on signed pleas of guilty to three severe
charges: burglary, rape, and assault causing serious harm. These offenses, each distinct in their nature, collectively represent a grave violation of the law and have had far-reaching, detrimental consequences for the individuals affected.
The incident involving burglary and subsequent rape occurred on January 5th, 2021. Mr. Burke, in a state influenced by cocaine, entered Sarah Holmes’ residence under disguise, stealing a significant sum of €50,000, which she had diligently saved. The burglary, initially intended as a theft, escalated drastically when Ms. Holmes resisted, leading to a sudden and terrifying act of rape. This assault, marked by the use of force and Ms. Holmes' subsequent trauma, has left an indelible impact on her mental and emotional well-being. Her plans for a fulfilling retirement have been shattered, and she now lives in constant fear, isolated and struggling to regain a sense of safety and normalcy in her life.
Factual Background
The crimes committed by Robert Burke encompass three distinct and deeply troubling incidents that have had severe repercussions on the victims involved.
Burglary and Rape Offenses
On the 5th of January 2021 at 1:15 am, wearing a disguise consisting of a wig and mask, Robert Burke unlawfully entered the residence of Sarah Holmes. His initial intention was to steal the substantial sum of €50,000, which Ms. Holmes had prudently kept in a box under her stairs. This money, her nest egg for retirement, was stolen by Burke, who had prior knowledge of its existence after overhearing a conversation between Ms. Holmes' son and her about depositing the money in the bank. Burke decided to wait a few months before committing the theft to evade suspicion.
However, when confronted by Ms. Holmes during the burglary, a sudden and terrifying escalation occurred. Despite not initially intending harm, Burke's response to Ms. Holmes' resistance was a violent act of rape. The assault took place in the kitchen and was characterized by a brief but traumatic encounter, inducing profound fear in Ms. Holmes. This traumatic event has left Ms. Holmes emotionally scarred, traumatized, and living in constant fear, having a profound impact on her ability to lead a normal life.
Assault Causing Serious Harm
On the 9th of December 2021 at 8:35 pm, while under the influence of alcohol and attempting to purchase more, Robert Burke was asked to leave a local corner store by the shop owner, Ted Warden. Burke's response to this request was a sudden and violent outburst. He physically assaulted Mr. Warden by punching him forcefully on the side of his head and kicking him in the stomach, causing Mr. Warden to fall to the ground. The consequences of this assault were severe. Mr. Warden suffered a loss of hearing in his right ear and required surgical intervention due to a ruptured kidney. Additionally, the trauma from the assault has led to clinical depression, drastically altering Mr. Warden's quality of life and affecting not only him but also his family.
Facts arising from the Sentencing Hearing
During the sentencing hearing, critical facts emerged, shedding light on the profound impact on the victims and the intricate personal circumstances of the defendant, Robert Burke.
The impact on the victim, Sarah Holmes, following the burglary and subsequent rape, has been devastating. The trauma inflicted upon her during the terrifying ordeal has left enduring scars. Previously planning an active and fulfilling retirement, Ms. Holmes now lives in a perpetual state of fear and...
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