W100 Rules, rights and justice: an introduction to law
Scenario 1 (608 words)
Nathan has been accused of criminal damage following an incident upon
which he threw a stone at Nisha’s car, his wife whom he is divorcing, following
an argument between them. Before a decision can be made to prosecute, the
evidence must be reviewed through the Full Code Test of the Code for Crown
Prosecutors.
Under Section 4.6 of the Code it is necessary to consider the defence of
Nathan as well as the prosecution to gain an objective based case. From the
evidence stated, both Nisha and Nathan had been drinking and an argument
had begun between the pair so perhaps she said something to anger him fur-
ther or he may not have been in a fully functioning state of mind; he may not
have been aware until after the incident that he had caused any damage to
Nisha’s property. The witnesses to the argument and proceeding incident
were the couple’s two five-year-old twins and Clarke, a neighbour who is a
business rival of Nathan’s. The defence may state that none of these witness
accounts can be considered reliable. The children may be distressed and not
fully understand the situation so their statement will not be used in court.
Clarke may provide a statement although this may be considered to relate the
bad character o Nathan and would not be reliable in court (4.7(c)). Another
point the defence may make is that all the evidence gained is based on
hearsay through witness accounts of the incident and may not be considered
reliable to be used in court in accordance to 4.7(b).
, However Nathan was found on the scene when police arrived so there would
have been little question about his identification as witnesses would be able to
verify this (4.7(f)) or where he was at the time the offence was committed and
following the incident, he agreed through his solicitor to pay for the repairs to
the car. This implies that he was aware of what he had done and compre-
hended the situation. Considering the information presented it is impossible to
state if there are any factors to suggest Nathan’s level of understanding
(4.7(e)) although he does have a previous conviction for criminal damage
which is relevant to the present offence (4.7(j) indicating a prosecution is re-
quired under 4.16(p).
Nathan may have motive that could affect his attitude negatively towards the
case as he is currently going through a divorce. Prosecution would be damag-
ing to his case so he may not cooperate. Also, as he has already paid towards
damages for Nisha’s car he may not be willing to pay a fine or serve a sen-
tence which may affect his attitude towards the case (4.7(i)).
One reason why a prosecution may be required due to the offence having
been committed in the close proximity of children as stated in section 4.6(g)
as Nathan and Nisha’s five-year-old twins were in the house at the time of the
incident. On the other hand a prosecution could be avoided if Nathan is of-
fered and accepts an out-of-court disposal (4.12 and 4.17(b)). A prosecution
could also be avoided as Nathan has repaid the costs of the repairs to the
Scenario 1 (608 words)
Nathan has been accused of criminal damage following an incident upon
which he threw a stone at Nisha’s car, his wife whom he is divorcing, following
an argument between them. Before a decision can be made to prosecute, the
evidence must be reviewed through the Full Code Test of the Code for Crown
Prosecutors.
Under Section 4.6 of the Code it is necessary to consider the defence of
Nathan as well as the prosecution to gain an objective based case. From the
evidence stated, both Nisha and Nathan had been drinking and an argument
had begun between the pair so perhaps she said something to anger him fur-
ther or he may not have been in a fully functioning state of mind; he may not
have been aware until after the incident that he had caused any damage to
Nisha’s property. The witnesses to the argument and proceeding incident
were the couple’s two five-year-old twins and Clarke, a neighbour who is a
business rival of Nathan’s. The defence may state that none of these witness
accounts can be considered reliable. The children may be distressed and not
fully understand the situation so their statement will not be used in court.
Clarke may provide a statement although this may be considered to relate the
bad character o Nathan and would not be reliable in court (4.7(c)). Another
point the defence may make is that all the evidence gained is based on
hearsay through witness accounts of the incident and may not be considered
reliable to be used in court in accordance to 4.7(b).
, However Nathan was found on the scene when police arrived so there would
have been little question about his identification as witnesses would be able to
verify this (4.7(f)) or where he was at the time the offence was committed and
following the incident, he agreed through his solicitor to pay for the repairs to
the car. This implies that he was aware of what he had done and compre-
hended the situation. Considering the information presented it is impossible to
state if there are any factors to suggest Nathan’s level of understanding
(4.7(e)) although he does have a previous conviction for criminal damage
which is relevant to the present offence (4.7(j) indicating a prosecution is re-
quired under 4.16(p).
Nathan may have motive that could affect his attitude negatively towards the
case as he is currently going through a divorce. Prosecution would be damag-
ing to his case so he may not cooperate. Also, as he has already paid towards
damages for Nisha’s car he may not be willing to pay a fine or serve a sen-
tence which may affect his attitude towards the case (4.7(i)).
One reason why a prosecution may be required due to the offence having
been committed in the close proximity of children as stated in section 4.6(g)
as Nathan and Nisha’s five-year-old twins were in the house at the time of the
incident. On the other hand a prosecution could be avoided if Nathan is of-
fered and accepts an out-of-court disposal (4.12 and 4.17(b)). A prosecution
could also be avoided as Nathan has repaid the costs of the repairs to the
