Second is the questionable statutory inference and last is the deprivation of the Billy of his right to fair trial. When Billy was being questioned, the solicitor advised him to keep silent. As a legal counsel who is burdened with duty to protect the rights of his client, he found it proper for the accused to keep silent because he was suffering from epileptic seizure at the event of the crime.
Mentally, Billy is incapable of answering the questions of the investigating officer. Moreover, the failure of Billy to answer the questions should not be used against him. Thus, his silence should have been excused from the application of the provisions of the Criminal Justice and Public Order Act Although the judge drew an inference from the silence of Billy when he was questioned by the investigating officer, it failed to establish the ground of the silence as unreasonable.
In the case of R v Cowan , the burden of proof to establish guilt beyond reasonable doubt lies on the prosecution all throughout the trial. The judge must establish that the silence of Billy was unreasonable. In addition, according to the case of Condron v UK , silence must not be the sole or main evidence against the accused. In addition, in the case of R v Argent , the Court of Appeals decided that account must consider all the relevant circumstances existing at the time of questioning.
Matters such as mental capacity, state of health, knowledge and legal advice, among others, are all part of the relevant circumstances. Billy who was suffering from epileptic seizure, which is a mental disorder, was not considered by the judge.
The judgment could have been more reliable if Billy was given reasonable time to recollect his thoughts in order to give a justifiable testimony.
From the reasons provided, Billy can then have reasonable grounds to appeal his case to the higher court. The rights of accused to silence and privilege against self- incrimination shall not be confused with the right of the court to draw inference from failure of the accused.
Every relevant circumstance surrounding the case shall be given paramount importance and shall be strictly investigated. Such exercise of rights shall not be indiscriminately presumed as guilt. The judge and the jury shall weigh every ground of right so that justice will not be curtailed.
Again, conviction is a matter of life, and the jury shall see to it that no life will be thrown useless in jail by mere exercise of a groundless right. Accessed September 14, Previous Go to page. My Reaction Paper About the Movie: Explore the way in which power The English language contains many aspects and tools used to gain power and authority when speaking. Therefore when Jeremy Paxman, the interviewer, speaks in a blunt and outspoken way to George Galloway, a politician who has just won an election to become a Member… Parliament.
Finally, it ends… Globalization. If in the future, I should be… Knowledge. The legal requirements relevant to inclusive practice A practice is said to be inclusive when a setting make everyone feel welcomed and gives all children in their care equal opportunity to achieve the highest of standards.
This can be done or achieved when the various needs and diverse lifestyle of children and their families are factored into the settings planning, be it… Discrimination. T-Mobile also has a very strong brand equity and recognition in the United Kingdom and the United States, making it a… Economics. The main challenges facing contemporary world economy What are the main challenges facing the contemporary world economy? This essay will explore development discourse in terms of analysing how trade… Development.
Summarise Key Aspects Of Legislation 1 Summarise key aspects of legislation, regulatory requirements and codes of practice relating to own role and responsibilities As a trainer I would need to understand my own roles and responsibilities, with a necessity to understand the key aspects of legislation, regulations and codes of practice.
As a trainer who works in a volunteering field… Law. The Problems Faced By Students In Malaysia Education in Malaysia is an on-going effort towards further developing the potential of individuals in a holistic and integrated manner, so as to generate individuals who are intellectually, spiritually, emotionally and physically balanced and harmonious, based on the belief and devotion to God.
An effort is designed to yield Malaysian citizens who are knowledgeable and… Language. Select At Least Four Bilingual Programs Select at least four bilingual programs and describe the type of student that would benefit most from each type of bilingual program. They are students with same… Bilingual. Relations between colonies and Britain How accurate is it to describe relations between the Mother Country and the American Colonies as peaceful and harmonious in the years ? The UK has about , farms, which average about acres in size.
All members of this community are engaged in forming a single market for their economic resources. Forming one market, without artificial barriers to trade and investment, the member nations are able to increase their economic efficiency and raise their citizens? In , the member nations of the European Community formed the European Union. The union consists of three components.
One is the European Community. The others are a common Foreign and security policy and Justice and Home Affairs this involves cooperation on such issues as crime and immigration. The European Community is a major economic unit. Its members have more people and produce more goods and services than the United States.
They import and export more than any one country in the world. Community members have abolished all tariffs and most other obstacles to the free movement of goods, services, or capital among themselves.
Community members participate in the European monetary system EMS.
Bordering Countries to United Kingdom: Republic of Ireland History and Food The United Kingdom (UK) has also been called the British Isles or Great Britain at different times in history. Great Britain is an island located within the British Isles and it is the ninth largest island in the world and the largest in Europe.
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Essay The Impact of Global Financial Crisis on the United Kingdom financial crisis on the United Kingdom Introduction This report will examine the affects of the global financial crisis, which was a result of the collapse of the sub-prime mortgage market in the United States, on the UK economy. In a democratic country like United Kingdom, the constituents enjoy several forms freedom and protection from abuses by any person, authority or entity. Such rights are not limited to people with good standing but also cover people who are accused of a crime. Those accused of crimes are granted with rights to prove their innocence.
United Kingdom and Great Britain Essay begun in Great Britain in the s. It soon spread to the United States and other parts of Europe, and later to the rest of the whole world. In this essay, comparisons and contrasts will be drawn between the Kingdom of Saudi Arabia and The United Kingdom in terms of public transport. The following Words | 2 Pages.