The Assault of the Delivery Man Regina vs. Mattachioni is a case of assault causing bodily harm. This is a criminal law issue which was dealt with and ruled over by Justice De Filippis. Mr. Mattachioni violated section 267 of the Criminal Code when he punched the complainant Mr. Michael Humphrey. The two men had begun arguing after a parking in an invalid spot. They were both at a restaurant which sold Chinese food because Mr. Mattachioni was picking up food, and Mr. Humphrey worked there as a delivery driver. The argument between the two men prompted the defendant to punch Mr. Humphrey which allegedly knocked out a few of the complainant's teeth and left him in need of extensive dental care. The defense argues that Mattachioni was doing …show more content…
The two men were originally in argument outside of the buildings by their car but the dispute stopped until they met again in the doors of the restaurant where the complainant, Mr. Humphrey, grabbed the defendant by his coat to move him out of the way, which prompted the defendant to say, “do not touch me.” The facts in this case are fairly indisputable considering that their are many witnesses to the event, and the situation is pretty agreed upon. I see Mr. Humphrey’s action as a provocation of the defendant. They were both fairly heated at this point which makes me believe that Mr. Mattachioni should not be charged with assault causing bodily harm. Both men had mens rea and to a lesser extent, Mr. Humphrey, did too act on his anger and really started the physical altercation. Before Mr. Humphrey's action, the two men were in a heated dispute but no crime had been committed. Mr. Mattachioni was reacting to the complainant’s actions. The two men however did both participate in some shoving when the dispute first started. The fight was consented to by both parties because of this. Another fact to back this up was that both men were also grabbing each other's coats at one point. This entire fiasco happened because of the complainant’s unwise parking job. This isn’t to say that I agree with the actions of the defendant. Mattachioni is guilty of …show more content…
He was very sure of his conviction. I believe he made the right one but I don’t think he considered enough the other side. His notes made it seem as though he didn’t really consider that the fight could have been consented to by both parties, which concerns me. I just want to know that both sides and argument were adequately thought through. I think that if this is true, that the outcome is still okay. I do not think much rehabilitation will take place in this case. The defendant will pay for the crimes he committed and the complainant will go on his
I think it would be difficult for the prosecution to form an argument off of my points. The prosecution admitted that they don’t argue that Ms. Stephens is a victim of abuse, but rather is not suffering from battered woman syndrome. Once I use all of my witnesses and explain how Ms. Stephens is a clear case of battered woman syndrome, I think they will have a difficult time arguing that considering she clearly has every sign and symptom. The only argument I think they can use would be that because Mr. Stephens went to take a nap, Ms. Stephens could have just called the police and not shot him herself. I think members of the jury may also agree with this purely on the basis that those who aren’t victims of abuse can easily have the mindset that
• P alleges excessive force and false arrest. P claims he was at his former girlfriend’s apartment when two MOS arrested. P claims that he was placed in RMP and taken to PSA 6 precinct. P claims that at the precinct several MOS assaulted him causing him to lose vision in one eye. MOS Carlos Sierra was not present at the precinct for the incident.
The complaint states that on October 14, 2016, plaintiff Kirk Thompson, a UPS driver, delivered a box to defendant Eleanor Lewis at her single-family home in White Plains, New York. When Mr. Thompson placed the box on the front stoop and rang the doorbell, he heard Ms. Lewis’s dog barking and scratching the other side of the door. Mr. Thompson then walked back to his van when he heard a female voice behind him instructing him not to move. As Mr. Thompson turned around, Ms. Lewis’s dog, Simon, bit him on the arm, requiring surgery for Mr. Thompson and him missing six months of work due to his inability to drive.
Dave had violated the law under Section 352 of the Penal Code when he assaults May by banging on the door and shouting at the top of his voice threatening May to watch out once he got hold of May. When the lock gave way, May was afraid that Dave could harm her as Dave is an Australian six foot tall guy, therefore she jumped out of the window and broke her ankle. Under the section 352 of the penal code, it also says that unless the defendant actions are caused by grave and sudden provocation, he shall be punished with a fine or a jail term or both. In Dave’s case, there is no grave and sudden provocation in my opinion as he has the time to follow May upstairs. Similar to R v Roberts (1971), the court held that the defendant’s actions were foreseeable
I agree that the jury made the best decision in this case. Despite the media coverage, I’m sure it was difficult for
Did s/he neglect to do anything that s/he should have done? Ray Aragon was the Defense Attorney for this case, and he did put up a fight for the prosecutors. He mostly used the fact that Ms. Garcia kept stating that it was an accident and that it was her fault, as their main defense and in the end, it did not work. He did perform in my opinion to the best of his ability and did not violate or neglect any of his lawful
I have chosen to grant Mr. Nelson release due to the strong arguments made by the defense and weak arguments put forth by the crown. First, as seen in both the case description as well as restated by both defense attorneys, Mr. Nelson “has no prior criminal record” (Jack B.), therefore, giving proof to how Mr. Nelson “has no intention of endangering the public in any capacity” (Jacob A.), as well as rebutting doubt against Mr. Nelson not appearing in court with a summons. These arguments support the base outlines for bail release: to ensure public safety, eliminate public fear, and to diminish possible doubts of flight risk/not appearing in court. Second, the defense makes the argument where despite Mr. Nelson being charged with conspiracy to commit murder, “while police did search his home, no illicit drugs
1. This scenario would be Manslaughter. Cameron was not in the right state of mind because he was “in a drunken rage” therefore his actions were made because of his loss of self-control. The killing was not planned; however there was an actus reus and mens rea due to his wrongful impulsive act that eventually led to an unforeseen death. It was a clean fight, meaning that Brandon was able to protect himself and their friends were able to break them up before anything serious happened on the spot.
Both men were successful in their appeals as a verdict of guilty could not be settled upon as the case was based on improbabilities and circumstantial evidence that could not lead to a definite
All rise for the honorary Judge Briskey. Please be seated. Mr. Montresor you are being charged with 1st degree murder of Fortunato due to the confession made to Mark Heyer about the murder how do you plea. Not guilty your honor. Very well the prosecution may proceed with their opening statement and i advise the jury to pay close attention to detail to determine the right judgement of this man.
The discretion of the case was significant in the regard of the defense, which countered some contradicted evidences. The evidences from the trial and the hearing preliminaries have revealed that the children were coached. The testimony showed lack of credibility on the issues and showing the significance of the discretion on the defense. McMartin told his attorney that he did not do it and his attorney used his discretion and believed him.
The caregivers lacked commitment, compassion, conscientiousness, fairness and honesty, and if they had taken their jobs seriously probably Tomcik wouldn’t have suffered as much. Trial began on July 22, 1991 and the decision was made on October 7, 1991. Tomcik’s total damage came out to be $85,000 according to the text. The defendants were proven wrong and they were charged. The court did the right thing, but I think a stricter action should have been taken against the defendants.
You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
Although, he did defend his opinion with conviction and courage. Overall, Juror eight concluded the
This assignment provides a scenario in which Joe finds himself relying on self defence after a late night walk home, Joe was crossing the road away from a group of youths that then started shouting abuse at him. One youth then followed and approached Joe, as he approached Joe then swung a punch harder than expected and knocked the youth unconscious. As the defendant Joe will need to be advised on his defence and this assignment will consider relevant law from previous cases and apply it to the material facts and various issues within his case. Particular guidelines have been put in place by The CPS (Crown Prosecution Service) to set the standard of self defence and the grounds upon which it can be claimed; it must be in order to defend one's self, family, property or in order to prevent crime or apprehend an offender.