Case Brief For An Ontario Criminal Court Case Law Case Brief

865 words - 4 pages

Case Brief Assignment – Ontario Court of Justice
Scarborough - Toronto
Law 201
Alexander Aston
January 23rd 2018
· Basil Brown was convicted after trial for assault with a weapon, assault causing bodily harm, and possession of a weapon for a purpose dangerous to the public peace.
· Ms. Battersby (for the Crown) seeks a sentence in the range of 15-18 months less credit for presentence custody.
· Ms. Sherwood (for the defendant) submits that an appropriate sentence is that of a suspended sentence and probation in light of 70 days of presentence custody.
· Basil Brown stabbed the victim multiple times, once in the chest
· Event occurred outside a bar
· Mr. Brown has a criminal record for violence, more specifically Mr. Brown has a criminal history of assault with a weapon and 3 convictions of sexual assault.
· The presentence report shows that Mr. Brown came to Canada from Jamaica at the age of 14, he was raised in a violent environment
· Mr. Brown has a history with alcohol abuse, majority of his criminal offenses are alcohol related (including this one)
· Mr. Brown knew that alcohol had a tendency to make him act more aggressively
· Mr. Brown intentionally brought the knife to the bar as he feared getting attacked, due to the fact that he was attacked there before.
· Should Mr. Browns history of repeated alcohol abuse and violent acts trump the fact that he is a paraplegic with 4 children when determining his eventual sentencing?
· Does the fact that Mr. Brown hasn’t been convicted of a crime since 2005 indicate less likelihood of a repeated act of violence?
Statement of Rule:
· The law recognizes that someone who is intoxicated is less morally blameworthy than a person that is sober.
· Mr. Browns attack was not premeditated. The incident occurred during a dispute in which Mr. Brown’s concern for his own safety was somewhat justified
· Should Mr. Browns history of repeated alcohol abuse and violent acts trump the fact that he is a paraplegic with 4 children when determining his eventual sentencing?
It is both proven and acknowledged by Mr. Brown that alcohol tends to influence his behaviour in a violent manner. At some point, it must be brought to the judiciary’s attention that this repeated violent history paired with alcohol abuse could in fact endanger the overall wellbeing of the 4 children. Although the law recognizes that someone who is intoxicated is less morally blameworthy than a person that is sober, Mr. Brown...

Find Another Essay On Case Brief for an ontario criminal court case - law - Case brief

Case Brief Essay

1190 words - 5 pages delinquent by the Carroll County Juvenile Court, and both appealed from that ruling to the Carroll County Circuit Court. After a jury found that the girls attempted to commit second degree murder in violation of Tenn. Code Ann. Section(s) 19-12-101, the "criminal attempt" statute, the trial court affirmed the juvenile court order and sentenced the girl to the Department of Youth development for an indefinite period. The issue in this case is to

Case Brief Essay

913 words - 4 pages Case Citation The case I chose to do was Patrick Joseph Potter, Appellant, v. Green Meadows, Par 3, Appellee. The case was found in the Southern Reporter, volume 510 starting on page 1225. The District Court of Appeal of Florida, First District heard the case and made its decision on August 13, 1987; 510 So. 2d 1225 (Fla. App. 1 Dist. 1987). Summary of Facts The original case in question consisted of golfer being injured and filing charges of

Law Brief on Gun Control

1844 words - 7 pages Law Brief on Gun Control GUN CONTROL: Our Streets Are Running Red Tom Coker English IA November 18, 1997 6:35 p.m. : William Wallace had a very stressful day at work and is now driving home. As he is travelling along the I-10 freeway in Los Angeles, he suddenly comes to a complete stop. Gridlock traffic is not an unusual sight for any motorist that travels on this freeway, and William decides to exit the freeway in order to escape the

2008 Mentor Moot Court Appellate Brief

8012 words - 32 pages violation of school policy. Plaintiffs' suspension remains on their records. This Court finds that the Hazelwood standard should be applied to the case at bar. In this case, the Plaintiffs wore their campaign t-shirts as an expression of their opposition to the Policy and in connection with their candidacy for Student Government, a school sponsored activity. The second prong of the analysis is also satisfied because the punishment imposed by

This well cited paper explains the UNiversity of Michigan's law case along with background on affirmatice action history. It also includes amicus brief implications and uses in the decisions

1602 words - 6 pages Olsen to submit a brief opposing the university. On the other side of the issue, sixty-five Fortune 500 companies and twenty-nine retired general submitted briefs arguing in support of affirmative action. In these documents the writers hoped to illustrate the importance of the affirmative action program. In the end the Supreme Court actually used these briefs in their decision. The court was given the opportunity to overturn the historic Bakke case

Capstone Case Brief

983 words - 4 pages their criminal acts by attempting to play into the court’s kindness with mental illness. Is there a meaningful difference between insanity and criminal insanity? The Supreme Court has attempted to answer these questions in the significant court case of Miller Vs State Supreme Court of Nevada, 1996 991 P.2d 1183.Schmalleger, F. (2002). Criminal law today: An introduction with capstone cases (2nd Ed). Upper Saddle River, NJ: Prentice-Hall.

Trademark law brief history and international scope

1121 words - 4 pages sale or advertising of services to identify the services of one person and distinguish them from the services of another. It can be used for more than one purpose, as both a trademark and a service mark.Collective marks are trademarks or service marks used by members of an association, collective, or cooperative organization to identify their products or services. Examples include the identifying names and insignias of the American Greek letter

A Brief History of the US Supreme Court

1044 words - 5 pages these circuits. For instance, distinct Justices may be solicited to end the usage from a circuit court request ceasing the extradition of an outsider. Judges are likewise approached to follow up on provisions for a stay of execution. The Circuit Justice for each one circuit is answerable for managing certain sorts of provisions that, under the Court's standards, may be tended to by a solitary Justice. These incorporate provisions for crisis stays

Criminal Law Case Study

1892 words - 8 pages The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous

Medina V California Case Brief

645 words - 3 pages Medina v. California (1992)The Area of Law that pertains to this case is Fourth and Fourteenth Amendment of the Constitution. The Due Process Clause permits a state to require that a defendant claiming incompetence to stand prove it through supporting evidence.The two parties involved in this case were the State of California and Teofilo Medina Jr. Medina is on trial for first degree murder.Previous decisions, such as Pate v. Robinson, Mathews v

Case brief on 5th amendment

580 words - 2 pages Case brief on 5th amendmentFACTS:A federal grand jury in South Dakota is investigating possible criminal violations of the Clean Water Act, at a corporation's wastewater treatment facility. Two former employees have pleaded guilty to a conspiracy to violate the Clean Water Act, and the grand jury investigation includes whether senior corporate officers may be criminally liable as "responsible corporate officer".ISSUE:Does the individual have a

Similar Essays

Law Case Brief Essay

1163 words - 5 pages appeal ;proceedings. They contended that TBP was fully aware that Devereux was given the authority to act as its agent by waiving the written consent provision. The failure of TBP to respond on this matter created the apparent authority for Devereux. However, the court was not convinced with such argument and ruled in favor of TBP.This case is relevant for future discussion since it clearly explained the doctrine of apparent authority and how it is applied in a given scenario.Works Cited:Munday, Roderick. Agency: Law and Principles. London: Oxford University Press, 2009. Print.The Bar Plan v. William Cooper, et al. 290 S.W.3d 788 (2009)

International Law Case Brief Re Immigration Act And Hanna

550 words - 2 pages comparable to the Hanna case, because this deportation order was not to deport to a country but back into detention aboard a ship. The immigration officer delegated to the owners of The "Gudveig" the responsibility for interpreting the deportation order, which brings the court to believe that he himself (immigration officer) does not know what the order means. This fact alone is enough for the court to reason that the order is illegal. The judgment was found in the favour of Hanna because the deportation order was impossible to interpret and enforce.

Hollowell V. Orleans Regional Hospital Case Brief Business Law Ii Case Study Assignment

469 words - 2 pages Adam Murphy Bus Law II Prof. David September 12th, 2016 CASE BRIEF #2 Case: Hollowell v. Orleans Regional Hospital, 217 F3d 379 (5th Cir. 2000) Facts: Orleans Regional Hospital, a Medicaid funded psychiatric hospital primarily served adolescents and children. The hospital was a limited liability company established with three members; NORS LLC, North Louisiana, Inc. and Precision, Inc. Defendants John C. Turner and William C. Windham held fifty

Case Brief Essay

799 words - 4 pages Case Brief Case Citation: SOLORIO v. UNITED STATES 483 U.S. 435 (1987) (No. 85-1581) Procedural History: The petitioner, who was serving as an active member in the United States Coast Guard, was facing a general court martial in New York for sexually abusing the underaged daughters of fellow Coast Guard members while serving at his previous duty station in Alaska and at his current duty station in New York. Solorio filed a motion to dismiss