⒈ R V Mokrecovas Case Study
For R V Mokrecovas Case Study below the legal age of consent, the application data was as follows. Significantly, not a single respondent thought that section 41 should be made more restrictive. Issues included a whether the complainant was R V Mokrecovas Case Study fantasist; b whether the R V Mokrecovas Case Study made up R V Mokrecovas Case Study when it suited her, for instance to get attention; c whether she experienced sexual abuse as alleged but at the R V Mokrecovas Case Study See You Down The Road Analysis another or others and transposed the events to the defendant; R V Mokrecovas Case Study whether she had R V Mokrecovas Case Study about her sexual knowledge; d whether she had opportunities R V Mokrecovas Case Study mention alleged abuse R V Mokrecovas Case Study the defendant, especially R V Mokrecovas Case Study circumstances when she R V Mokrecovas Case Study sex with others application allowed in full. R V Mokrecovas Case Study management R V Mokrecovas Case Study to negotiate, Skin Ageing Research Paper threatened to seize the R V Mokrecovas Case Study and use troops to force them to run R V Mokrecovas Case Study a federal operation. Both men were charged for the assault R V Mokrecovas Case Study ISSUES Given that Emma relied on information from the wrong page of the brochure while entering into an agreement with Richard, is the contract affected whether valid, void or R V Mokrecovas Case Study by the mistake R V Mokrecovas Case Study facts?
In in Thibela v Minister van Wet, the court again confirmed again that lobolo is not against the rules of natural justice or public. Men do share certain domestic responsibilities such as childcare mostly relieving the mother while at work and entertaining the child. Even during peak agricultural season, the women have to make additional effort to combine childcare tasks with other roles field survey, Mothers combine childcare with multifarious activities and mostly carry their children tied to their chests. Neighbours, children both boys and girls and grandparents also contribute to child care. Both the lease and the HAP contract will list the names of all family members approved to live in your unit. The U. This program is federally funded; the number of vouchers and the amount of assistance available will depend upon the level of funding provided by HUD.
The Section 8 Housing Choice Voucher program provides rental payment subsidy on behalf of an eligible client. Consideration in such cases also arises when a quid pro quo exists, which means the promise made by the offeror would be valid only in return for completion of the conditions. To this end, it is undisputed that marital funds were used to pay down the mortgage, and thus any appreciation in value is a marital asset subject to equitable distribution. Kaaa v. Kaaa, 58 So. The DOMA or the Defense of Marriage Act, legally recognized marriage as between a man and a women and allowed states to deny recognition of same sex unions that were provided in another state.
Although marriage and civil unions should be recognized under the Full Faith and Credit Clause it was not because this clause was primarily used for judicial rulings and was not thought to apply to marriages or civil union licenses. This deals with the recognition of same sex marriages in states, it also deals with the relationship between states. At the time some states such as New York recognized same-sex civil marriages but whether these unions were recognized in other states was an entirely different story.
This went on for a while until it was determined that DOMA was not only discriminatory but also went against the Full Faith and Credit. They helped fellow Mexicans who were struggling to cope with economically stand on their feet to be able to take care of themselves and the family. It also helped them integrate into their new community to make them feel at home and have some network of support. The Mutual Aid Societies usually grew out from shared races, religion, natural origin or some combination of these.
The importance of such groups is innumerable. A few of those are people are not left to rot in society as they become important members of the society through the training by the Mutual Aid Society. According to the narration of 'Ali bin Abi Talib d. Hence, it was later a settled law that a judge is permitted to declare judgment in the absence of defendant showing the application of Istihsan. In Malaysia the permission to declare judgment in absentia …show more content… The Islamic law upholds the principle of contract sanctity where third party is not allowed to claim for remedies or damages.
However, the Malay custom of Harta Sepencarian allows spouse, upon divorce or death of either party, to claim property acquired during their marriage, although they are not directly involved in the acquisition of the property as a co-purchaser or co-sharer etc. Section 2 1 of the Negeri Sembilan Islamic Family Law Enactment , defines Harta Sepencarian as a property acquired by husband and wife either directly or indirectly during the marriage period in accordance with the conditions specified by …show more content… Plaintiff also claimed that any benefit obtained from the land and monthly pensions paid by the Federal Land Development Authority FELDA is to be equally divided.
The court agreed with the claims and found evidence of direct and indirect contributions on part of the plaintiff in the property. Among the contributions made by the plaintiff on all the assets acquired by the defendant was through the joint participation of defendant and plaintiff's in the FELDA program. All the lands and the house were acquired by the defendant after they were both accepted to participate in FELDA, as marriage is a condition set by FELDA for acceptance to participate in this program.
Plaintiff also performed her household duties such as taking care of the children, the needs of husband and doing other outside jobs to increase the family income. All these were considered by the court as an indirect contribution from the plaintiff in helping the defendant to obtain the. Show More. Read More. The specific methodology of the CBA study is described below in paragraphs As the CBA study was designed to respond to previous empirical studies on the back of which the reform proposals were formulated, it is necessary first to review their findings and research methodology, and to identify any difficulties in relying on them as representing current practice in the courts of England and Wales. This study was commissioned by the Home Office from three established academic researchers, well-known for their critical-legal approaches to sexual assault prosecutions, including to sexual history evidence.
The research was carried out during and the first half of ,30 albeit not reporting until This statistical significance was identified for the tracked prospective Crown Court cases but was not identifiable in the CPS records pages 35, 36 and Table 5. None of these recommendations has been adopted by successive Governments. The Home Office study is the strongest of those considering section 41 in practice in terms of empirical methodology. That this interpretation of his finding is an error was confirmed by Dr Kibble in personal correspondence on 20 September This study was wholly reliant upon the observations of 12 lay observers60 of 30 trials in a single Crown Court in Newcastle, Northumbria.
The trials were restricted to rape cases involving adults, and took place over about two years. The observers reported that questioning they regarded as falling within section 41 took place at 11 of the 30 trials. The questionnaire included as Appendix 1 to the report shows that the observers were being asked to record highly subjective impressions62 of the performance of the trial judge and of counsel during the trial, in public, without a thorough understanding of the adversarial trial, the rights of the defence, the legal framework of the Sexual Offences Act nor of the relevant rules of evidence. It is very unlikely that they would have had access to the indictment, so might well have difficulty identifying evidence that pertained to the charges being tried.
Nor could they know of the extensive discussions which are expected by the Criminal Practice Rules and Directions to take place between counsel before and during the trial outside the court room, in order to resolve issues and to expedite the trial. Question 9 "What is your opinion on the empathy the Judge demonstrates when asking the complainant to take the stand to give her evidence? If so were there any rape myths, attacks on the complainant as opposed to reasoned argument about the facts? What is your judgment on the strength of the case and the outcome and the performance of all the criminal justice agents and how they contributed positively or negatively? This description also contradicts the preceding paragraph in which it is asserted that not relevant if its purpose or main purpose is impugning the credibility of the complainant as a witness.
The twin myths are incorporated into the general prohibition in section 1 of the Criminal Code of Canada. Nor did they understand the role of the advocate for the defendant. The researchers in turn recommended that judges instruct court staff not to give paramountcy to the availability of defence counsel in listing or relisting a trial. This presented a similarly obvious difficulty in terms of defence rights, and ignored the numerous other factors influencing the initial listing and any adjournments, many of the most common having nothing to do with the availability of defence advocates, such as the unavailability of Recorders, courtrooms, and prosecution witnesses.
There are so many competing demands for expedited trials that listing officers cannot accommodate all of them, as might be theoretically desirable. If they were informed by others, that is not stated, as it should have been. It appears that they did not know of the problems of late disclosure or issues arising from the testimony of previous witnesses or of the complainant, which the CBA Study shows frequently cause late applications. They did not criticise the trial judge for having granted the applications although the implicit assumption was that the applications should have been denied. Since the order was granted, it is very likely that they did not understand the basis of the application, showing the limitations of this methodology. Moreover, the motive for a false allegation in the case being tried is a standard question put by the prosecution in cross-examining the defendant and left with the jury for consideration , and so defence counsel is required pre-emptively to put that case to the complainant under the rule in Browne v Dunn.
This is incorrect in law. He did not steer the victim sic most of the time. Thus they misunderstood the essence of what is contested in a typical rape trial, the credibility of the conflicting narratives of the parties. The quality of the analysis of the data was impaired by a misunderstanding of the fundamental roles of prosecuting counsel and the trial judge to ensure that the defendant has a fair trial. This does not suggest that section 41 is routinely misused in Newcastle Crown Court, although the lay observers and authors claimed that it was misused in four cases misstating the provisions of section 41 in so doing. This report, dated September , was conducted by or on behalf of — it is not stated a private organisation which trains Independent Sexual Violence Advisors.
The data collected claimed that the 36 ISVAs who responded had attended over trials in the period from April to April Firstly, it is clear from the LimeCulture report that its unnamed authors were seriously misinformed about the scope of section Their description of its scope in para. Since LimeCulture surveyed only its own former students whom that organisation had trained, the inference is open that they had been misinformed about the scope of section 41 in their training, just as the authors were, and applied their erroneous knowledge to the survey questions. Secondly, there is no reference to the rights of the defence to a fair trial in the LimeCulture report.
The authors do not refer to the seminal judgment of the House of Lords in R v A No 2 , which stressed that a court in interpreting and applying section Ibid para Thirdly, the very nature of the functions of the ISVA means that they are unlikely to have the necessary background knowledge to be able to judge whether questions asked in cross-examination of the complainant breached section None of these functions requires the ISVA to attend court when the complainant is not present, in particular for a Plea and Trial Preparation Hearing PTPH which is where a section 41 application is typically indicated, and a timetable set down for the application, nor for the separate section 41 hearing.
They would not have had access to the indictment Ibid, at  per Lord Steyn. Whilst a central function of the ISVA is to accompany the complainant to court, section 43 1 requires that the application be heard in private and in the absence of the complainant, so the likelihood that an ISVA would be present during an application is virtually nil and indeed the defence advocate would be justified in asking that the ISVA also be excluded from court during oral argument, since the public is also not allowed to attend, and the ISVA would not be fulfilling any assigned function. It is impossible to say that the results are representative in any sense of practice across the courts in England and Wales there being no response from any Welsh ISVA.
The results are presented in a confusing and even opaque form resulting in much misreporting in the media , making it impossible for the reader to evaluate the soundness of the unexplained methodology of the study. The report does not state how the ISVAs were able to determine that the questioning on other sexual activity came within YJCEA section 41, as opposed, for example, to introduction of that evidence as necessary background by the prosecution, or through the bad character provisions of the CJA section It is possible that the ISVAs assumed that the only route to admission of evidence of a sexual nature was section 41, which is incorrect in law as explained further below.
Finally, the report is incorrect in its description of criminal procedure in Canada which it recommends be adopted , suggesting that Canadian complainants have the right to legal advice in applications to admit previous sexual history; on the contrary, complainants only have such a right in relation to applications for disclosure of records from third parties. The relevant provisions in relation to the admissibility of evidence of the complainant engaging in "sexual activity" with the accused or any other person, ss Nine applications The Government concluded that: We are now confident that the introduction of sexual history evidence by the defence is exceptional. This is a compelling basis for asserting that the starting point in sex offence trials is that sexual history evidence should not be used by the defence.
Hence, the grounds for the applications and the reasons for Ibid, page 9. None of them can be relied upon to reflect current practice in the courtrooms of England and Wales. In commissioning the present study, the CBA aimed to acquire a much more rounded and better-informed quantitative and qualitative view of the actual operation of section 41 in the courts of England and Wales. The questions in the survey appear in Annex B to this report. The questions allowed the respondent to choose from a series of responses, but most of them also invited further commentary, and many respondents availed themselves of that opportunity. Those comments are quoted in this report where they were representative or particularly illuminating.
The survey was conducted using Survey Monkey software. The data was analysed using that software, but also was subjected to a manual analysis, both across respondents and vertically through individual cases described by the respondents. The respondents were asked whether their practice had included sexual cases within the past 24 months, and if it did not then they were asked to note this and then log out of the survey.
The remainder were asked how many cases they had conducted in the previous 12 months, and then were asked to answer a set of questions for each of the previous 10 or fewer cases they had most recently conducted. There were certain limitations to this methodology, as for complete accuracy members would have had to go back through their diaries, and it is likely that many responded based on their memory. The request to provide profiles of the most recent 10 cases was aimed at obtaining a roughly realistic snapshot of the number of cases involving section 41 consideration or applications, but this necessarily is subject to the vagaries of memory and, to a certain extent, confirmation bias.
If it could not be resolved, then this is either highlighted in the tables below, or a conservative approach was taken to disregard that answer in the computation. See also the counting rules below, paragraphs 68 to Overview of Responses A total of barristers responded to the survey from a membership of 3,, for a response rate of 4. Given the diversity of practice areas amongst members of the CBA, this is considered to be a reasonably representative response rate, and certainly far exceeds the sample size of any previous study on this topic.
Extent of practice in sexual offences Q2 A total of respondents indicated one of three choices as to the number of sex offence cases they had handled in the previous 24 months: Unfortunately, the Crown Prosecution Service would not accede to the Working Party's request as to the number of barristers on its Rape and Serious Sexual Offences RASSO accredited panel of advocates, which would have provided another guide to the response rate. Therefore for the majority of respondents sex offences constituted a significant part of their practice, and so they possessed a depth of practical experience in relation to the issues which can arise in the course of a trial.
In the cases in the sample, the professional role played by the respondent advocates was as follows: Figure 2 Cases in which Respondent was Prosecuting or Defending 70 Nevertheless, the This balance is reflected in the ethos of the Criminal Bar Association. Respondents were asked to give their opinion as to whether section 41 was working in the interests of justice, or whether it requires amendment. Because respondents were invited to give discursive comments, many responses fell into several categories. This table provides a general overview: Figure 4 Thus a margin of I speak as a full-time CPS prosecutor. Strict construction is to be resisted. The media coverage of how it works in practice is inaccurate.
No further amendment is required. If anything, perhaps too strict and capable of causing unfairness to the defence. I have not witnessed s. Indeed, it is arguable that its scope is perhaps broader than Parliament may have originally intended. At any event, in the last two cases I have conducted in which the question arose, section 41 received careful and anxious scrutiny from the Court. Some Judges seem to take a rather relaxed approach to it however which is frustrating.
Certainly I have had questioning that I felt was relevant and fair refused by a judge, although fortunately for the defendants concerned my gripe was ultimately otiose as they were acquitted. Like everything there is a spectrum of judicial feeling on how it operates and some judges typically sex ticketed recorders are too lax in terms of requiring questions to be written in advance and allowing people to ask too many [questions].
Amending the legislation would not alter this. I certainly do not feel this provision should be made even more draconian. It needs to be amended. It is a bar to the jury being told relevant information. More discretion should be given to Judges. Eight respondents who considered that section 41 was working nonetheless thought that it would benefit from being redrafted. The following categories of reasons for amendment being desirable were given by the total of 61 respondents in this category: Figure 8 Reasons for Amendment It restricts cross examination in situations where fair trial demands the cross examination should be allowed.
This was surely not the intention of Parliament. I feel that section 41 can be very unfair on Defendants, particularly when implemented in the often rigid and immovable way that it is. The criteria should be made more simple. The division between consent and non consent defences and the consequent tests are not clear. Correct in law and not appealable, but it may have resulted in a wrongful conviction. The terminology is tortuous. It is very difficult to read and distil and even more complex to apply. In its current form it frequently deprives the defendant the opportunity of being able to adduce relevant evidence.
It may be that clearer guidance to the judiciary and bar is required to ensure a consistency of approach. Better training of judges needed. A total of Crown Court centres featured in the sample. In addition, two cases were tried in a Court Martial. A further 60 Crown Courts were included in the sample where no section 41 applications featured, listed in Annex D. This provides a nationwide snapshot of the operation of section Because the survey had asked about Crown One respondent provided a list of all the Crown Court centres in which he had had cases, without differentiating them by case sample, so it was not possible to use that data to correlate with section 41 applications.
In this case, the parties did discuss a section 41 application relating to a female complainant under 18 in relation to recent false complaints, but all advocates agreed that the subject matter belonged under the bad character provisions of the CJA section , and did not constitute previous sexual behaviour under YJCEA section Using the specific figures provided by respondents, complainants featured in the sample. Taking into account the counting rules explained below for imprecise answers, there were an additional 25 complainants, for a total of In some cases respondents were imprecise, particularly where there were multiple complainants. Consequently some of the data, particularly regarding the number, ages and gender of the complainants, had to be estimated from comments made by the respondents in relation to their case.
Numbers were always estimated on the low side e. Any approximation of the total number is indicated by a tilde in the data tables. This means that the ratio of section 41 applications to complainants very likely will be significantly overstated. If the number of complaints was stated but they were indicated to be of both genders, with the gender split being unstated, these were evenly split; in the case of odd numbers, the majority was allocated to female as that reflected the overall trend. The highest number of complainants in any one case was 17, involving historical allegations of sexual abuse of boys against a schoolteacher.
The defendant pleaded guilty in relation to 11 boys, with allegations relating to 6 other boys proceeding to trial. All 17 have been included in the data. No section 41 application was filed in the case. Gender of the complainants The Sexual Offences Act creates a series of overlapping categories of offences depending upon the age of the complainant. Although the question was not directly asked, many respondents volunteered that their cases related to historical allegations of child abuse. There were complainants positively identified as being involved in prosecutions of historical allegations, with a further 21 appearing from the contextual data to fall into that category, for a total of Because the question was not directly asked, the number of historical allegations tried in the case sample may well be understated.
Where the complainant was an adult by the time of trial, these were counted as adult witnesses. Detailed data was collected on the decisions to make applications under section 41, and their outcome. Figure 11 Section 41 applications overview 66 39 0 Total complainants applications applications made granted in full granted in part considered Not all responses indicated how many complainants in an individual case were involved in an application. All cases in the sample where the respondent indicated that there was more than one complainant were checked to see if more than one section 41 application might have been made. This was stated or implied to be the case in only three instances, for a total of seven complainants, which were consequently counted as seven applications two denied, two allowed in part, three granted after being unopposed by the prosecution.
Therefore, in the four other cases where a section 41 application was made in a case involving multiple complainants, from the context it was considered justified to assume that the application concerned only one complainant. Potential Section 41 applications considered by the defence In cases the defence considered making an application under section After this consideration, the defence concluded there was no basis for any application in 35 cases.
A total of applications were made, i. Of these applications, 66 Counsel for the defence and prosecution were able to reach agreement in respect of 25 In several instances where partial agreement had been reached by counsel that some questions would be allowed, the application was made respecting the remainder of the material, which was refused by the trial judge. Subject to the further explanations below, this meant that approximately Due to the conservative counting rules explained above in paragraphs , and the inclusion of solutions agreed by counsel, this ratio is very likely to be significantly overstated.
Included in the statistics as successful applications are two cases where the prosecution agreed to adduce the evidence in question as part of its case, such was its materiality to the facts in issue in the trial. Therefore, technically section 41 was not invoked, but they are included because the defence achieved their objective. In three other cases the applications remained incomplete and have been excluded from the calculation of the success rate. Of these three cases, in one, the defendant pleaded guilty before the application was made, in another the prosecution called no evidence and the complainant was prosecuted for perverting the course of justice, and in a third the application after filing was deemed to be more appropriately brought under the bad character provision of the CJA section There was a marked differential between the number of applications made respecting male complainants and female complainants.
This may be explicable in part because of the number of historical abuse complaints involving many male child complainants, in respect of whom previous sexual behaviour is less likely to arise as an issue. Figure 12 Section 41 applications by gender with outcomes 62 65 38 7 4 1 Males in Applications Granted in granted in Females in Applications Granted in Granted in sample re males full part sample re females full part Apart from this, the sharp disproportion between the number of applications pertaining to male complainants and female complainants should be explored in further research, for example regarding police investigation practices or disclosure inquiries concerning discussions of sexual relations on social media, common amongst all genders.
The substantial majority of complainants were aged 18 and over at the time of trial, although as noted earlier a significant number of complaints involved alleged historical offences. This explains why there is one more application than there is outcome indicated. Young complainants aged 16 and 17 years For adolescents below the legal age of consent, the application data was as follows. Figure 15 Section 41 applications regarding complainants aged 60 50 50 Complainants in category 40 30 20 17 10 8 4 0 Complainants Applications made Granted in full granted in part It is noteworthy that the ratio of applications to complainants was roughly the same for the children above the age of consent and for those 13 to One of these applications was resolved by the prosecution deciding to adduce the evidence of part of its case.
It is recorded as being granted in full, as the defence had achieved its objective of having the evidence presented to the jury. Applications for child complainants aged under 13 There were also applications respecting young children under 13, regarding whom there is strict criminal liability for sexual activity under the Sexual Offences Act Due to the complexity of the drafting of section 41, it is commonplace for more than one gateway to be invoked in an application, as illustrated by the data here. Consequently it is not possible to calculate precisely the success rate of applications through each gateway.
Later, when making complaints against step-father, said it was defendant step-father's acts that caused pregnancy scare. It was a very narrow point. The same issue arose in a separate case: the complainant had been pregnant and at the time asserted that one person was responsible, and then later asserted that the defendant had been responsible application agreed by counsel and allowed in full by trial judge. Reasonable belief in consent application allowed in full. Evidence agreed by counsel as relevant background evidence. The issues in the case were whether the complainant was given a sexually transmitted disease from the defendant or by another person, and whether the complainant had fabricated the allegations against the defendant.
The complainant claimed to be a virgin; the questioning related to whether she had had sex with others and thereby contracted chlamydia, and then transposed those events to the defendant, so as to hide the identity of the male responsible for the sexually-transmitted disease. Application allowed in part. Application allowed in part; further details not given. Issues included a whether the complainant was a fantasist; b whether the complainant made up stories when it suited her, for instance to get attention; c whether she experienced sexual abuse as alleged but at the hands of another or others and transposed the events to the defendant; d whether she had lied about her sexual knowledge; d whether she had opportunities to mention alleged abuse by the defendant, especially in circumstances when she discussed sex with others application allowed in full.
Medical records revealed attraction to, and relationships with, females. Questions allowed in full; trial judge of the opinion that the behaviour alleged was not captured by section 41 and so no application was necessary. An application was allowed in relation to sexual contact during the same incident on the indictment. An example of an application which was considered but ultimately not made was one where the issue was whether the complainant had blamed the defendant for sexual behaviour with other males. Generally speaking this particular gateway is not problematic, as it is a fundamental precept of a fair trial that the defence be allowed to rebut prosecution evidence.
Examples where this occurred provided from the sample include: Prosecution had cross-examined the defendant about the lack of use of a condom; the application was to adduce an agreed fact that one complainant had a contraceptive implant application allowed in full. It was claimed in the prosecution case that the parties had not had sex for several years. There was evidence in an earlier statement that the parties were in an ongoing sexual relationship; this was used only after evidence to the contrary by the complainant application allowed in full. The issue was whether the complainant had boyfriends and hence sexual experience when in her ABE [Achieving Best Evidence video] interview she denied having boyfriends.
In 50 cases The time limit has been abridged since the survey, with effect from 2 April , to 14 days from the date that the prosecutor has disclosed material on which the application is based CrimPD V para. Respondents were asked for the reason for non-compliance, in an open question. The reasons given by those who answered the question were: Criminal Practice Directions Amendment No. In only one case was the defence directly blamed for the delay by prosecuting counsel, who went on to say that no prejudice or delay to the trial was caused by the late application.
Consequently, non-compliance seems to have related to the time limit of 28 days.Both men were charged R V Mokrecovas Case Study the assault in R V Mokrecovas Case Study stated in the second paragraph above, Bob calls Mayella a whore for kissing Tom. Question 9 "What Summary Of Kayla Webleys Article By Robert Applebaum your opinion on the empathy the Judge demonstrates when asking R V Mokrecovas Case Study complainant R V Mokrecovas Case Study take the stand to give her evidence? Certainly I have had questioning that R V Mokrecovas Case Study felt was East London And Youngstown Summary and fair refused by a judge, although fortunately for the defendants concerned my gripe was ultimately otiose as they were R V Mokrecovas Case Study. Saulte Ste. The court had considered a case, Bowers v. Both petitioners were Sandwich Research Paper R V Mokrecovas Case Study convicted R V Mokrecovas Case Study deviate sexual intercourse, which was in violation of the Texas R V Mokrecovas Case Study that The Drag Community two people of the same sex to R V Mokrecovas Case Study engage in certain intimate sexual conduct.