Criminal Law The Counsel on Behalf of Jonny †Free Samples

Question: Discuss about the Regarding the Reasonable Sentence that shall be Prayed Before the Court. Answer: I am the counsel on behalf of the Victim Joe and had conference with Mr. Jack who is the defense counsel. The discussion started with the facts of the case that Jonny and Browny prisoners in the Barwon Prison, conspired with each to attack Joe. Jonny and Browny attacked Joe and stabbed him multiple times with the makeshift weapon causing grievous injury and Joe went into comma. Therefore, Jonny and Browny has contravened Section 18 of the Crimes Act 1958[1]. After we had short discussion regarding the case, Mr. Jack said that his client should be plead guilty but the sentence must be lowered on the ground that the environment he has grew up. He is a prime candidate for the community correction[2]. First, he has in his genes. His father and mother both have been serving imprisonment for theft, fraud, and minor assault when he was just 11. He had to stay with others and got no proper guidance in his adolescence period. His friends and relatives used to oppress him because of his parents and this created his violent behavior. He had a difficult time in his teenage and so he needs to counsel in an anger management programme. In return, it is submitted before my learned friend that the attack, which Jonny and Browny had done, was not at all provoked and the way they stabbed could have taken Joes life. Therefore, with respect to public interest he should be sentenced reasonably. In return, Mr. Jacks submission was that though he shall be sente nced for a term of 20years under Section 16 of the Crimes Act but looking into the psychological and the humanitarian ground the sentence should be lowered[3]. He is also going through counseling under the Anger Management Programme. Moreover, he is young and is of tender age so if gone through proper community correction techniques and anger management programme. Under Section 16A of the CA, it has been said that the court must consider the changes a person may have upon the sentence. Again, in Section 20(1) it has been stated that the court may release offenders after conviction on the ground that the person shall undertake counseling, education, or other treatment. In this case, Jonny is going through anger management programme and he shall be given a chance to reform himself[4]. After going through this discussion, the view changed a little that Jonny has received no love and affection from his tender age and this has made him such violent and ferocious in his life. There was no one who can give him a better advice and his upbringing was not properly done. Moreover, criminal activities arise from the genes too. His father and mother was a regular criminal and do he has in criminal behavior in his genes. Jonny needs proper counseling programmes, which will reform him rather punishing him for several years, will not serve the purpose of justice References: Burchell JM. Principles of criminal law. Juta and Company Ltd; 2013. Herring J. Criminal law: text, cases, and materials. Text, Cases and Materials; 2014. Leong AV. The disruption of international organised crime: an analysis of legal and non-legal strategies. Routledge; 2016 Mar 16 Seear K, Fraser S. The addict as victim: Producing the problemof addiction in Australian victims of crime compensation laws. International Journal of Drug Policy. 2014 Sep 30;25(5):826-35. Seear K, Fraser S. The addict as victim: Producing the problemof addiction in Australian victims of crime compensation laws. International Journal of Drug Policy. 2014 Sep 30;25(5):826-35. Herring J. Criminal law: text, cases, and materials. Text, Cases and Materials; 2014. Burchell JM. Principles of criminal law. Juta and Company Ltd; 2013. Leong AV. The disruption of international organised crime: an analysis of legal and non-legal strategies. Routledge; 2016 Mar 16.