Managing Diversity in British Schools Essay Example | Topics and Well Written Essays - 2500 words

Managing Diversity in British Schools - Essay Example Instead of segregation they could be taught in conventional schools with teachers pointing their weak areas. The Government needs to provide resources to schools of the minorities and ensure that they do not undergo racial abuse by teachers and fellows. Therefore these boys seem to need special attention from their teachers and proper care, love and support from their parents which could be obtained by training. This paper intends to highlight the reporting of standards of achievement and behavior in British Schools while finding out the reasons for the problems of blacks in Britain face. Three articles taken from different sources were analyzed and the findings from those are given below. In this article, Trevor Phillips, the chairman of the Commission for Racial Equality, plans to deal with the under- achievement of the black students. It is known that there has been two times as many blacks in prison as there are studying in the university. In order to increase their achievement level it is believed that they should be taught separately from the white students and it is also essential to have parental support. He said that "The Windsor Fellowship", which is mainly for ethnic minority children, have mentored their students excellently that 100% of their students passed with good GCSE grades in London while 75% in Birmingham last year. Keith Va Keith Vaz, the Labour MP for Leicester East, criticized and fears that this would further enhance the segregation and lead to encouraging the feeling of being different. He says that the normal schools should provide additional help required by the failing minority students. Phillips believes that poverty is neither the reason for the poor performance of the black boys, nor white people regarding them as inferior. As their sisters perform well so does the Chinese and Indian students who also suffer from discrimination as perform far better than black boys. [7] Objectivity or Interest of the Writers The writer cares about the welfare of the students of the ethnic minorities and suggests ways of improving their educational achievements especially those of the black boys, who seem to be spending their lives in prison, mainly by segregating schools but believes that racial discrimination is not the reason for their poor performance. The writer believes that poverty is not the major reason behind the low achievement but it is actually under-employment which is the main reason. The black boy after graduation do not get job up to their capabilities which is seen by children and is believed that education is not the solution. Hence they indulge in crime which seems manlier than education. [6] The major reason for the black boys performing low is the racial abuse in the schools which needs to be stopped as it results not only in poor results but dropping out of schools. This eventually leads them to commit illegal act like robbery and drug trafficking. Hence every student should be welcomed and diversity should be accepted in schools especially by the white teachers and students. [4] The minorities and blacks students must have seen their parents work so hard and their employer's under-utilizing their skills, leaving them to dwell in poverty. Hence it leaves an impression on

Personal statement Essay Example | Topics and Well Written Essays - 500 words - 36

Personal statement - Essay Example After I completed my bachelor’s degree I immediately entered the workforce. I have had three jobs since then. I worked at the ELS language center as a customer service representative. At that job I learned that the customer is the most important stakeholder group for companies. My verbal communication skills improve a lot by working at this firm. I also worked at ARC Company as an administrative officer in the human resource department. This job was very challenging, but I liked working under pressure. I learned the importance of being organized and that working with others in harmony can help increase the productivity of a company. I’m currently working at Saudi Radwa Food Company as a personal administrative officer. I like working at this firm because the lines of communication are always open between the employees and the management team. I know that it is important for professionals to speak more than one language. In order to improve my English I successfully complete an eight month course in Nottingham Trent International College. I speak good English and Arabic. I have reached a point in my life in which I have realized that I need to pursue a master degree. I am interested in becoming a graduate student seeking a masters’ degree in health administration. Health administration is a booming field that provides lots of job opportunities. During 2010 I trained in a hospital laboratory for five weeks. I want to work in the health care industry once I complete a masters’ in health administration with my end state goal being becoming a hospital director. I am an excellent candidate to enter a masters’ program in health administration due to my educational background and job experience. I am extremely motivated to start graduate studies because I want to obtain advance knowledge that I can use to improve in the workplace. I am an outgoing person that knows how to motive others to

The Role of the School Curriculum and the Assessment of Childrens Essay

The Role of the School Curriculum and the Assessment of Childrens Learning - Essay Example This essay stresses that the school curriculum essentially answers two questions: what should be taught in schools and how it should be taught. Curriculum planners will typically establish a standard for teaching and learning and will determine expected outcomes and what should be taught and who teaching should be conducted in order to achieve expected outcomes. However, teachers are responsible for the implementation and development of the curriculum. All too often however, teachers have demonstrated a tendency to ignore the curriculum or make only a half-hearted attempt to fully implement the curriculum. This paper makes a conclusion that England’s school curriculum policy directs that all publically funded schools are required to develop a curriculum that is ‘balanced and broadly based’ and ‘promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society’. The school curriculum must also ‘prepare pupils at the school for the opportunities, responsibilities and experiences of later life’. The national curriculum, which is a compulsory part of the school curriculum, ‘introduces’ student to the ‘best that has been thought and said; and helps engender an appreciation of human creativity and achievement’. In this regard, the national curriculum outlines main areas of education that students are at liberty to enhance and incorporate in lessons for helping children learn and develop skills and knowledge in compliance with the school’s curriculum.

Obstacles and Constraints Paper Essay Example | Topics and Well Written Essays - 750 words

Obstacles and Constraints Paper - Essay Example It is a common term that is used by ecologists in their study to define the relationships between two or more organisms. Mutualistic is a term that is used to define a relationship between two organisms, in which they co-exist with the help of each other. In this case of relationship, both the organisms’ co exit in a mutual way, both of them gain benefits from each other, there is no organism that is at harm. Commensalistic is a term that is used to describe a relationship is which there one party who is benefitting is and then there is one party that is not benefiting at all. The two parties are existing together in a mutual way, and one is gaining advantage from the other while the other is gaining no benefit or no disadvantage as well. Parasitism is a term that is used when both the parties exist mutually but one party is living off the other. One of the parties derives benefits from the other party and the other party is getting harmed by the benefits. Competition in this both the parties try to exist mutually but then they fail due to the fact that both of them try to gain benefits but none of them gains anything out of it. In this both the parties end up harming each other. While the final form is Neutralism, in this both the parties remain unaffected and neither benefits nor is disadvantaged. In a good sense, the relation between the policy maker and the agent of implementation is an mutualistic relation. They can both function together in a mutual way and benefit each other. In this case, a policy designer is the person who designs policies, he designs policies keeping in mind the actual requirements of the city, now after he has done designing he expects that the policy implementer would implement it as it is and make amends only when required not on his personal opinion. When the relationship is bad then, we can say that there exists a Competition type of relationship, both try to implement and have their choice implemented, this way the genera l masses get no advantage out if it and they both end up harming their own reputations and their own egos (Amos, 1988).   In this case the government has faced a serious lack of implementation, they ordered a step but then refrained funding. It should have happened that the government should have actually provided the funds that were enough to sustain and maintain the police force. When such high amount of force is added, there is a need to accommodate their salaries, the ammunitions that is being provided to them and the uniforms that has to be provided. These are some of the basic things that have to be provided. The government had provided for the first timers only, later there was no release of funds which actually became a burden (Amos, 1988).   There are many financial constraints that are involved when any policy or any project is to be implanted. The budget is divided according to the requirements of the projects. But usually the prices are underestimated. It has also be en seen many times that the government or the higher officials do not allow the money to trickle down enough to be sufficient. Many a times the sanctioning of the budgets take up a lot of time and hence the projects are stalled a lot. There is always a serious need of training for the police officers that were hired; the government did not fund the training. When new people are hired they need to be trained. This is the

Week Two Paper Essay Example | Topics and Well Written Essays - 1250 words

Week Two Paper - Essay Example Federal courts are generally said to have "federal question" jurisdiction, which means that federal courts will hear cases that involve issues touching on the Constitution or other federal laws. The source of "federal question" jurisdiction can be found in the Constitution. Article III states that the "judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and Treaties made, or which shall be made, under their Authority." The federal court has jurisdiction over the case of Mr. Jones and the owner of the adjacent lot, because the Federal law also authorizes federal courts to hear cases where the opposing parties are citizens of different states. This is known as "diversity jurisdiction", because the plaintiff and the defendant have different, or diverse, state citizenships. "Diversity jurisdiction" enables a federal court to hear cases where there is not a federal question. In diversity cases, the federal court provides a fair forum where citizens of different states can have their cases heard. A "supplemental jurisdiction", a federal court can hear a claim that would normally come under the jurisdiction of a state court if it is related to a claim already before that court. Supplementary jurisdiction -- sometimes called "ancillary jurisdiction" or "pendent jurisdiction" -- is a common-law, device that allows a court to resolve all claims between opposing parties in one forum. Unlike other forms of jurisdiction, supplementary jurisdiction is discretionary -- a court can choose whether or not to exercise it in a given case. Disagreements are common in our daily lives. Usually these disagreements can be settled outside the legal system. Sometimes they are so serious, however, that one of the parties sees no alternative but to file a lawsuit.

Kingstons Women Warrior Gives Voices and Identities to Chinese and Chinese American Women Essay Example for Free

Kingstons Women Warrior Gives Voices and Identities to Chinese and Chinese American Women Essay Growing up with a family of five sisters and myself as first generation Korean Americans, The Women Warrior focuses on the author’s life were she struggles to find her voice. Maxine Hong Kingston’s writing of this book is an example of how ancient talk stories, myths, and beliefs help one find her voice in America. The Women Warrior takes us on an adventure through five main female characters and five chapters that helps us understand how she finds her voice in America. The five chapters integrate Kingston’s experiences through the five women brought to life throughout the book. The references in the book refer to Kingston’s emotional struggle while showing the reader the benefit of finding ones personal voice in America. The book shows how the five women in this book along with the talk stories help in the search for individual identities. Through Kingston’s writing of this book the chapters help show how she manages to give her aunt an identity, Chinese women an identity, her mother a voice, and finds her own identity and voice in America. If women do not have voices in traditional Chinese culture, then the talk stories that mothers pass on to there daughters may be considered subversive tales and instructions for their daughters. In the first chapter of The Women Warrior, Kingston’s mother Brave Orchid tells the story of her sister and the relevance of the no name women. This talk story was told by Kingston’s mother in order to teach her daughter of proper women behavior. The fact that the story starts with her mother saying not to repeat the story makes this book a way of bringing Kinston’s aunt to life. The story was based back in the village in China where it is believed that she brought disgrace to her whole family by having an illegitimate child. â€Å"You must not tell anyone, my mother said, what I am about to tell you† (Kingston 3). This is how the book starts and the story of Kingston’s mother’s sister who killed herself with her newborn daughter. The no name women had become pregnant while her husband was off to war. The thought of what China was like painted a confusing picture for Kingston. She knew that the village that her aunt had killed herself by throwing her and her daughter in the village water well shows very little error for family values. It is here were the reader can come to know that the struggle of her aunt is the struggle she herself is going through while trying to make sense of all the tradition of China while living in America. The point of Brave Orchid to tell Kingston the story of her husband’s sister is to warn her to be careful and cautious. â€Å"Now that you started to menstruate, what happened to her could happen to you. Do not humiliate us. You wouldn’t like to be forgotten as if you had never been born† (Kingston 5). The story truly begins through this talk tale. Kingston is not allowed to mention the story of her aunt she has to create her own fantasies to complete the story. Kingston feels that the story makes more sense to her as if her aunt was rapped by a villager that ordered her to be with him. She also feels that her aunt may have stepped out of the normal social order and her sexual passion could have been incest and the whole town turned there backs and even her own family turned there backs. The birth took place in a pigsty and since the aunt already knew her fate she walked her daughter to the well and they drowned themselves. The whole idea that it was a daughter or a girl makes the story more interesting because the customs in China may have already named the girl useless and immoral. This chapter is often one of the more frequent anthologized sections of the book. The talk story of her aunt opens the door for more stories to follow. The place of women in Chinese society comes to question while the thought of Kingston’s place in America comes to question as well. Her reference to the village society of her aunt was vital to eliminate sexual attraction. This came true to Kingston herself who would try not to make herself to attractive to boys. The chapter is mainly a talk story told by her mother and the rest is the writing of Kingston. The first chapter makes the reader wonder if the stories are fiction or nonfiction. The tales from Brave Orchid seem to trouble Kingston from what is real and what is fantasy. You can see the struggle of where Kingston and her aunt seem to be voiceless throughout their lives. The fact that the no name women never told anyone who the husband was shows that she was protecting him with silence. By writing about her aunt Kingston gives her a voice. â€Å"The real punishment was not the raid swiftly inflicted by the villagers, but the family deliberately forgetting her† (Kingston 16). Although Kingston never finds out her aunts name, the symbolic act of naming her the No Name Women honors her memory. The second chapter White Tigers is based on another talk story about a female warrior Fa Mu Lan. The fact that the story is told in the first person gives Kingston her ability to become a warrior. This chapter develops some background for Kingston and her voice is heard through the story of the Fa Mu Lan. The warrior in the story starts her training at the age of seven and since it is written in the first person we can picture the warrior to be Kingston herself. In the fantasy Kingston follows a bird up into the mountains until she comes to the hut of an old couple who want to train her to become a great warrior. As part of her training she spends years on the mountain, fasting for days and eating only roots and vegetables while drinking snow water. At her hungriest moment she was sitting by the fire and a rabbit sacrifices itself for her to eat. â€Å"The rabbit seemed alert enough, however, looking at me so acutely, bounding up to the fire. But it did not stop when it got to the edge. It turned its face towards me, then jumped in the fire† (Kingston 26). Her starvation in the mountains causes her to hallucinate. â€Å"I saw two people made of gold dancing the earth’s dances† (Kingston 27). She eventually returns at the age of fourteen and her mentors teach her to fight. She is able to see images of her family in a gourd of water and she can see her family preparing her wedding to a childhood friend. She saw her husband and brother taken away and she wanted to help so badly but the training was not over. She was to wait until she became twenty two. When she is ready to leave the mountain she has learned how to us her magical sky sword and is given powerful beads by the old couple. Kingston returns home and her parents in preparation for battle tattoo a list of grievances all over her back to symbolize revenge. In men’s armor she rides her white horse and prepares to lead an army. This is probably the most exciting chapter in the book. We can see that Kingston is retelling the story as if she was the great Fa Mu Lan. This chapter follows a Chinese myth that the women would fight in place of their father. â€Å"We are going to carve revenge on your back, my father said. We will write out oaths and names† (Kingston 34). The tattoo that was actually carved in a man’s back is carved into Kingston’s back. She is pretending to be a man and becomes a great warrior at the head of a huge army. She defeats and wins over the army of a giant. Her husband then joins her and soon she is carrying a newborn baby under her armor. She eventually leads the entire population of China to overthrow the corrupt emperor and put a peasant in his place. In the fantasy Kinston takes on the role of a powerful man warrior and yet is also a female avenger. She has the ability to create life and to take life. These dual powers let her maintain both her sense of womanhood and duties of a wife. When she is a warrior she would wear her hair up and reveal the tattoos and when it was time to be a wife she lets down her hair to cover the tattoos. He wept when he took of my shirt and saw the scar words on my back. He loosened my hair and covered the words with it† (Kingston 39). When in battle her husband joins her and after birth to the newborn the husband leaves to care for the child. This sign of role reversal gives more meaning to Kinston’s life. She is able to transcend the rigid customs and traditions in this chapter. At the end of the chapter the reader can see that the customs of women constrict her in America as well. â€Å"Did you know the restaurant you chose for the banquet is being picketed by CORE and the NAACP? Of course I knew that is why I chose it. I refuse to type these invitations, I whispered, voice unreliable. He leaned back in his chair, his bossy stomach opulent. He picked up a calendar and slowly circled a date. You will be paid till here and we will mail you a check† (Kingston 49). We can see her trying to stand up to her boss in America and he simply fires her. In reality the only powers Kingston has is through her writing. It is in her writing that her aunt and her voice are heard. The end of the chapter states the real powers of Fa Mu Lan. The sky sword created by Kingston is as powerful as she wants just like her words. They can only have as much power as she can give them. The fact that the women with bound feet created an army in her writing gives them much deserved credit for all that they have endured The point of this chapter is through writing Kingston found a way to give voice to all Chinese women. She has found a way to poke holes through old stereotypes and thus through her writing she can change customs and give women a more important role in society. Although chapter two was the most adventurous it is in the third chapter that the reader can actually see that Kingston gives her other a voice and even finds out more about her own self. Shaman focuses on Kingston’s mother, Brave orchid and her childhood in China. The chapter traces her life in China after her husband was in America. Kingston is able to bring the talk stories of her mother and along with other storytellers Kingston writes of her mothers accomplishments becoming a doctor. The chapter brings her mother to life. In America she has no voice and in China she was a remarkable doctor. It was at the To Keung School of Midwifery were Brave Orchid truly excelled as one of the top students. â€Å"It rolled over her and landed bodily on her chest. There it sat. It breathed airlessly pressing her, sapping her. Oh no a sitting ghost, she thought† (Kinston 69). It was here when she defeated the ghost at her school and impressed the other students. It was as if she could perform magic. When Brave Orchid returns back to her village she had the ability to heal the sick and defeat the ghosts. Kingston feels that her mother’s power comes from her being able to eat any beast. She remembers one talk story that Chinese people ate the brains out of the head of a monkey. One day Kingston and her mother went to purchase a slave. I am a doctor, she told her new slave, when they were out of the dealer’s hearing† (Kingston 81). It is here that Kingston feels some uncertainty towards her mothers talk stories. Her mother recalls spending two hundred dollars for Kingston when she was born. Kingston remembers her mother commenting on the fact that they gave away girls that were infants. Here Kingston is torn with the fact that she cost her mother money and that being a girl was almost a burden on her family. The struggle with honoring her mother’s powers and with identifying herself is clear in this chapter. The fact that Kingston comments on her being a girl and being useless is what she truly struggles with. Many families in China look down at baby girls and it isn’t until Kingston writes about her mother and herself to give them an identity. The second part of the chapter takes place in America where Brave Orchid a once powerful doctor has no voice in America. She couldn’t speak English so the simple language barrier silenced her. The way to get Kingston to understand her mother was through the talk stories and ghosts Brave Orchid made up. But America has been full of machines and ghosts, Taxi ghosts, Bus ghosts, Police ghosts, Fire ghosts, Meter reader ghosts, Tree trimming ghosts, Five and dime ghosts† (Kingston 97). The surroundings of America contained many ghosts but the reader can sense that Kingston is happier that she is in America. The chapter ends on the present day during a visit by Kingston. Brave Orchid complains about how hard they work in the laundry and tomato field businesses. Her mother claims that even the time goes faster in America. Brave Orchid never stopped calling China home. She seems to understand little of the political situation in China. She has finally told Kingston that they would never return to China. The chapter is best summed up as the ghost chapter. The new ghosts in America along with the ghosts from China can be terrifying. The deformed baby that was kicked out to die in the outhouse would haunt Kingston. The chapter of Shaman is the chapter that depicts the conflicts of Brave Orchid’s life and the mother daughter relationship she has with Kingston. The reader can see how frustrating Kingston is as she tries to find her identity in America. If there were no talk stories of her mother’s life in China then Brave Orchid could have never had her own identity. Brave Orchids life in America is completely opposite and in America she struggles with her own identity because she only speaks Chinese. The next chapter At the Western Palace is where Brave Orchids sister Moon Orchid comes to America. It is through these women that Kingston can identify with herself. Brave Orchid sends for her sister and she makes the trip to America from Hong Kong. â€Å"Brave Orchid momentarily saw, like a larger, younger outline around this old woman, the sister she had been waiting for† (Kingston 117). The two women kept describing how old each one looked. The fact that Brave Orchid sent for her sister to come to America raised question as to why her husband, who lived in America, never sent for her. It is here that I noticed that Moon Orchid was a lady with no identity in America. Brave Orchid insisted that Moon Orchid should go demand her life as a wife to her husband. â€Å"Moon Orchids eyes got big like a child’s. I shouldn’t be here, she said† (Kingston 124). This was Moon Orchids reaction to her sister’s rambling about her reclaiming her husband. Moon Orchid got money from her husband. He sent her money and she never worked a day in her life. She tries to tell Brave Orchid she was not abandoned and that he sent money for all the food and servants one could need. He even sent their daughter to college. Brave Orchid pressured her sister till finally one day they went to Los Angeles to confront her husband. Brave Orchid tells her sister to demand her place as the first wife but Moon Orchid wants no part in it. They came up with a plan after Brave Orchid saw his doctor office. They would send Brave Orchid’s son to the office and make the doctor come out thinking their was an accident. The plan did bring him out but it failed in Brave Orchids mind. He mentioned his new wife did not know of the first marriage and that he wanted no part in her life, but he would continue to send money to his daughter in care for Moon Orchid. The doctor embarrassed Moon by calling them grandmothers. This made Brave Orchid and Moon Orchid ghosts and the comic and tragic story of Moon Orchid takes form. The daughter takes Moon Orchid in after brave Orchid realized she was useless in helping her. She could barely fold towels and she got to hot to work. Her inabilities to perform the easiest tasks became annoying. Like many women in China they would marry the men just before they left for â€Å"the Golden Mountain† America. The fact that Moon Orchid comes to America and is useless to Brave Orchid and her husband wants nothing to do with her raises more speculation to her identity. The women in this story seem to have to find their own place and are voiceless. Like in previous chapters Moon Orchid comes to life through Kinston’s writing. In this chapter Kingston is hardly present. This is the first appearance in the book of her siblings and her father. Brave Orchid is embarrassed that her children are unaware of respecting or understanding Chinese culture. The fact that Brave Orchid and Moon Orchid become ghosts while confronting her husband takes a lot out of Moon Orchid. She slowly begins to deteriorate and Brave Orchid tries to comfort her but she ends up sending her to away to a home. The stories in this chapter are an important reminder to Kingston and her feelings for her mother. The fact that these women both had great lives in China can show the reader that in America the women were of no use and in America they struggled to find their identity. It s in the final chapter A song for a Barbarian Reed Pipe, Kingston finally begins to focus on her own life. We can see Kingston in some of her most important turning points in her life. She is insecure, quiet and an alienated young girl. Kinston has begun to see the world logically and as a more mature person. She embraces her roots and her past and finds strength in her writing. Kingston and other Chinese Americans are constantly told not to tell anyone outside the community about their lives. This makes finding ones identity harder. It is very important that Kingston does not spare herself in the final chapter. Here the quiet girl even has two long rants showing her words were often bottled up. Her ability to write made her more mature and gave her a clear perspective of her place in society. In America silence is a trait of Americans and Kinston finds herself as quiet and American-feminine. â€Å"So I had to stop, relieved in some ways. I shut my mouth, but I felt something alive tearing at my throat, bite by bite, from the inside† (Kingston 200). This is when you can see that Kinston remaining quite only kept things bottled up inside. The story ends with another talk story about the Ts’ai Yen who had to translate the songs of the Barbarians back to the people. It is here that the reader can sense that Kinston has found a way to communicate from her writing to her readers. Kinston’s identity seems to be in between American and Chinese American culture. The culture of both worlds has come to life throughout this book and it is in this chapter that Kingston realizes that she can give anything identity through her writing. Kingston’s ability to find herself in both cultures reveals her true identity. It is through her mother’s talk stories and through the other women in this book that helps her find her own identity. Kinston also gives identity to her No Name Aunt as well as Moon Orchid, and her mother. This novel focuses on the stories of these women and there struggles to find their voices. After realizing her place in society Kinston gave herself and all the other women in this book a voice and an identity. The women who have no identity and the struggle of a Chinese American women makes this book reveal everyone’s place and identity. Through her writing, talking about her past becomes the cure for silence and the cure to achieve an individual voice as a Chinese American Women.

Joint Criminal Liability for Murder | Case Study

Joint Criminal Liability for Murder | Case Study Introduction: This assignment will attempt to analyse lesser criminal liabilities leading up to stronger criminal liabilities for all parties involved in a possible conviction of murder by focussing on the major themes of contending and procuring, aiding and abetting, accessory liability, unlawful killing, grievous bodily harm (death resulting) and causation. Joint Criminal Liability between Andy, Matthew Jimmy Are both Andy and Matthew equally principal offenders for the purpose of distinguishing criminal liability? Criminal liability A person who commits the acts which form whole or part of the actus reus of the crime is known as a ‘principal in the first degree†: Osland v R (1998) [1] It can be derived from the facts that both Andy and Matthew were present at the scene to carry out a joint criminal enterprise: Tangye (1997) [2] as there was an express agreement: Tangye (1997) [3]made between the two to seize the managers of large supermarkets in their homes and force them to return to their supermarkets and open the safes. On the facts it cannot be established that derivative liability exists between the two or any failure to agree to such actions is present: Osland v R (1998) [4]rather an â€Å"acting in concert† which may create the effect of equally placing responsibility on each individual for the acts of the other: R v Lowery and King (No.2) (1972) [5] Both Andy and Matthew may be charged with Conspiracy under S.321 to commit and offence does this extend to Jimmy? Conspiracy Andy puts his plans to Mathew who agrees to take part in the robberies, for a percentage of the proceeds under S.321 of the crimes Act 1958 this agreement made between Andy and Matthew resulted in the involvement and commission of the offence hence may lead to a finding of guilt in conspiracy to commit that offence. Does this apply to Jimmys level of involvement? Actus Reus Conspiracy has been defined as an agreement to do an unlawful act or a lawful act by unlawful means†:R V Jones (1832) [6] there is clearly no question of dispute that both Andy and Mathew decided that the best way of making quick money was to execute the agreed criminal act. To establish contravention of s.321 it may be inferred that Jimmys conduct of providing a â€Å"safe house intentionally perverted the course of Justice or intended to pervert the administration of public justice: James v. Robinson (1963) [7] hence making Jimi a complicit in the commission of a crime. Mens Rea The establishment of both Andy and Matthewss intentional agreement to contravene s.321 is apparent on the facts posing the question whether a conspiracy charge is as effective as heavier weighed substantive charges available: Hoar v R (1981) [8] Jimmy may be found guilty under the equally applicable test if it is proved that the provision of the ‘safe house was a furtherance to the common purpose: R. v. Tripodi (1955) [9] in effect being liable for accessorial liability due to the counselling and procuring involved with Andy and Matthews main offences. Defences The scope of mens rea clearly applied to Jimmy is debatable â€Å"a conspiracy is proved by evidence of the actual terms of the agreement made or accepted or by evidence from which an agreement to effect common objects or purpose is inferred.†: Gerakiteys v R (1984) [10]. No evidence of actual terms of the agreement provides a clear entry point before the act or common object to the commission of the offence by Jimmy: R v Theophanous (2003) [11]The mere providing of a â€Å"safe house provides only an inference for a jury to draw upon after the fact of Jimis level of participation. In this light the evidence may fall short of establishing a clear level of involvement: R V Darby (1982)[12]. Due to the possible grey area in establishing Jimmys intention to pervert the course of justice the possibility of an acquittal under s.321 may result, if the inference of the overt act in itself is not proved beyond reasonable doubt aligning common purpose against other substantive criminal acts: R V Darby (1982) [13]. Both Andy and Matthew may be charged with Burglary does this extend to Aggravated Burglary? Burglary Andy and Matthew may be guilty of burglary for breaking into Joes home as trespassers with an intention to assault both Joe and Betty. Actus Reus As we can see from the facts the actions of both Andy and Matthew in breaking into Joes home may substitute the trespassing and home for the purpose of a building. Case? Mens Rea On the facts this was actioned knowingly without permission with a firm intent to commit an assault: R v Collins (1972) [14] Aggravated Burglary If burglary can be established between Andy and Matthew they may be also be found guilty of aggravated burglary due to the carrying of a firearm at the time and knowingly entering with intent to do so. Actus Reus Both Matthew and Andy entered intending to assault Joe carrying loaded pistols at the time of their entry. With no apparent reason on the facts to dispute that Joe was not present in his house, hence an inference may be drawn by the jury not suggesting otherwise: R v Verde (2009) [15] Mens Rea: Both Andy and Matthew on the facts intended to threaten to cause injury to a person inside the house if he they were disturbed during the burglary: R v Verde [2009] [16]. They also had the weapon for a purpose connected with the burglary as discussed about albeit for armed robbery: R v Kolb Adams (2007) [17]. Matthew may also be charged of extortion with threat to kill Extortion with threat to kill Furthermore on the above aggravated burglary charge this may be coupled with Matthews threat to kill Betty which may contravene S.27A B regarding extortion with a threat to kill. Actus Reus Matthew clearly made a demand of Betty to lie down on the floor and remain silent or he will kill her. Leaving Joe fearing for his life and that of his wife if they did not submit: R v Lawrence (1980) [18] Mens Rea: On the facts Matthewss intention to threaten to kill was an attempt to create fear of the infliction of harm: Ryan v Cuhl (1979) [19]. Is Andy liable for the common law crime of false imprisonment against Betty? False imprisonment Andy may be liable for the Criminal offence of false imprisonment due to unlawful restraint and threats to both Joe and Betty. Actus Reus As we can see from the facts Andy drags Betty into another room tying her hands and feet with rope and taping her mouth in order for her not to scream. Clearly unlawfully restraining Betty from her liberty to freedom of movement, furthermore confining her into the custody of one room: Ruddock v Taylor (2005) [20] Mens Rea: Andy held a clear intention to unlawfully restrain Betty against her will as a consequence of his threats to kill her and Joe if they did not comply: R v Garrett (1988) [21] Defences There is little to no likelihood that Andy may raise a defence of lawful justification for his actions upon the facts: Blackstone [22] Andys Liability Is Andy liable for contravening S.22 23 of the Crimes Act 1958 regarding Bettys unborn child. Conduct endangering life/Reckless conduct endangering serious injury Andy may be charged as a result of engaging voluntarily in the conduct of restraining Betty without lawful excuse that may have placed her unborn child in danger of death. S.22 23 Actus Reus It can be clearly established that Betty whimpered that she was 7 months pregnant, however Andy voluntarily and recklessly continued without lawful excuse to assault and restrain causing possible serious injury by way of miscarriage on Bettys unborn child: R v Crabbe (1985)[23] Mens Rea Applying the test in: Ryan v Walker (1966) [24] to the possible death by way of miscarriage to Bettys unborn child. The Jury may infer that this possibility was contemplated by Andy as a result of his continued restraint and threat to kill. Furthermore evidence of Andy contacting authorities alluded to his realisation and contemplation of danger or serious injury. Defences: There may be a minimal defence to debate the intent on Andys behalf to place Bettys unborn in danger by the subsequent contacting of authorities furthermore death did not result, hence the actus reus of the consequence failed to occur: R v NuriI (1990) [25] however a finding on the continuation of Bettys restraint at the time of the offence may weigh more heavily against Andys contemplation: R v Crabbe (1985).[26]. It must also be noted that in R v Hutty (1953) [27]a person is not a being until he or she if fully born in a living state however R v West (1848) [28] negates this and still establishes homicide if a child is born and subsequently dies. Does Andys use of stolen licence plates constitute theft for the purposes of s.72 (1) s.73 (5) s.73 (12) Theft Andy may be charged with theft by the action of stealing or dishonestly appropriating another persons licence plates with the intention of permanently depriving them from the owner. Actus Reus Clearly Andy was unauthorised to appropriate or physical take and carry away: The king v James Lapier (1784)[29]. Another persons tangible property: Oxford v Moss (1979) [30]in this case being licence plates for the commission of the offence. Mens Rea It may be inferred that Andy had specific intent to dishonestly deprive s.73(12) the owner of rightful possession of the licence plates for his own right to use: Stein v Henshall (1976)[31] furthermore this can be strengthen by the lack of consent: R v Senese (2004) [32] Are both Andy and Matthew liable for kidnapping Joe under S.63a Kidnapping Andy and Matthew may be liable for demanding Joe to drive to the supermarket to intentionally open the safe for their advantage in return for his release. Actus Reus On the facts we can clearly see that Joes personal liberty or freedom of choice was removed primarily by way of a threat to kill unless he complies: Wellard v R(1978) [33]. Secondly this was performed by Joe being carried away in the form of a car by Andy and Matthew. Thirdly this was achieved by force without consent. This may be inferred by a Jury as his wife Betty was clearly in an injured state. Fourthly at no point was there any justified lawful excuse: R v D (1984) [34]. Mens Rea Andy and Matthew both shared intent in agreeing to perform the kidnapping in order to fulfil their common purpose of performing the robbery. Case Did the actions of Joe opening the safe constitute a criminal offence under s.9AG. Duress Joe may not be found guilty of a criminal offence pertaining to the opening of the safe under duress due to a threat to kill Betty. Actus Reus: On the facts a threat of immediate death was made towards Betty unless both remained compliant. Joe being clearly overborne by this indirect threat subsequently led his will to be placed under duress, furthermore serious personal violence overbearing his ability to become resistant or no opportunity to restrain lead may lead to a strong justification for his actions of opening the safe: Attorney-General v Whelan (1934) [35] Mens Rea Clearly Joe had no intent to perform this criminal offence if he was not under duress, his will was overborne with fear for his life and that of his wife. Defences Joe has a strong case in establishing duress: R v Brown (1986). [36] Furthermore a jury may infer that carrying out the conduct was the only reasonable way that the threatened harm could have been avoided. s.9AG. (b) Are both Andy Matthew guilty of committing Robbery/Armed Robbery contravening s.75 s.75A? Robbery/Armed robbery Both Andy Matthew as an accessory may be equally guilty of robbery for stealing the contents of a safe by force through Joe by means of fear with the use of firearms. Actus Reus Joe was aware of the theft and subsequently was compelled by force or fear to submit to Andys demands to open the supermarket and safe, this prevention by violence or threat establishes robbery under s.75 the use of firearm establishes armed robbery for the purpose of s.75 a (1) enabling the two to have the safe opened and its contents permanently deprived of the owner. It is clear that Joe being the supermarket manager satisfying s.75 a (1) as the applicable person or custodian of the property in this instance: Smith v Desmond (1965)[37] Mens Rea It is clear that Andy and Matthew intended to place Joe under duress by the use of a deadly weapon to intimidate Joe to fear for his life and that of his wife. case Defences Regardless if Andy believed he had an honest entitlement by way of his intentions of support for the Karen tribe as a claim for defence, it is unnecessary to prove this: R v Langham. (1984) [38] furthermore would not constitute lawful excuse at any rate under the Firearms Act (1996) s.132 (2). Thirdly a claim for military necessity would not apply due to his departure from the SAS and proportionality arguments contravening multiple international humanitarian law conventions regarding legal use of force.[39] Andys Liability over Joes serious injuries sustained. Causing serious injury intentionally Andy may be charged under s.16 17 s.22 for pistol whipping Joe until he became unconscious. Actus Reus It may be established on the facts that Joe clearly suffered no less than serious grievous bodily harm by Andys act of pistol whipping to the point of unconsciousness DPP v Smith (1961)[40]. Due to this act being in furtherance of a crime it would constitute without lawful excuse for the purposes of s.16 of the crimes act 1958. Mens rea Andys intent may be established sufficiently in causing intentionally serious injury through the furtherance of a crime or alternatively through recklessness. Meyers v R (1997) [41] It is possible that recklessness may also be established given the nature of Andys training received through the SAS in the continued use of such force being reasonable foreseeable that such a consequence may arise R v Coleman (1990) [42]. Andy may also be liable under s.22 for recklessly engaging in conduct that renders Joe in danger of death with the carrying of a firearm it also may be sufficient to be deemed guilty for grievous bodily harm and breech of s.31a R v Faure (1999)[43]. as a probable consequence he may be deemed just as blameworthy as the conduct of one who does an act intended to kill or to do grievous bodily harm. R v Crabbe (1985) [44] Is Matthew triable as a principal offender as an abettor for his involvement in the commission of a crime under S.323? Abettors in indictable offences are triable as principal offenders Matthew may be charged for assisting Andy at the scenes of the crime furthermore encouraging and procuring by taking appropriate steps towards the commission of the offence under S.323 Crimes act 1958. Actus Reus Matthew agreeing to take part in the robberies hence satisfies the preparation arm or to â€Å"abet† in agreeing to the commission of the offences Thambiah v R (1966)[45], Secondly clearly he â€Å"aided† when he broke into the home acting in concert, hence not derivative to the principal offence also by carrying loaded pistols and when he threatened Betty and Joe performing the subsequent false imprisonment Osland v R (1998) [46] Thirdly Matthew â€Å"counselled† by â€Å"keeping nit† and not changing the course of action R V Whitefield (1983) [47] whilst the robbery took place. These actions show the series of steps undertaken in the commission of the offences constituting a breach of s.323. Mens Rea Matthew may be found guilty due to the fact that at no time Matthews intention knowingly or wilfully changed to the knowledge and acceptance of the pre formed sequence of events R v Bainbridge (1959)[48]. [1] Osland v R (1998) 159 ALR 170 [2] Tangye (1997) 92 a Crim R 545 [3] ibid at 545 [4] Osland v R (1998) 159 ALR 170 [5] R v Lowery and King [No.2] (1972) VR 560 [6] R V Jones (1832) 4 b Ad 345 at 349 [7] James v. Robinson (1963) 1 CLR 593 at p 618 [8] Hoar v R (1981) 148 CLR 32 [9] R. v. Tripodi (1955) SCR 438 [10] Gerakiteys v R (1984) 153 CLR 317 at 7 [11] R v Theophanous (2003) 141 A Crim R 216. [12] R V Darby (1982) 40 ALR [13] R V Darby (1982) 40 ALR 601 [14] R v Collins (1972) 2 All ER [15] R v Verde (2009) VSCA 16 [16] R v Verde [2009] VSCA 16 [17] R v Kolb (2007) QCA 180 [18] R v Lawrence (1980) 32 ALR 72 [19] Ryan v Cuhl (1979) VR 315 [20] Ruddock v Taylor (2005) 222 CLR 612 [21] R v Garrett (1988) 30 SASR 392. [22] Blackstone, Book 4, Chapter 14 [23] R v Crabbe [1985] 156 CLR 464 469 [24] Ryan v Walker (1966) VR 553 [25] R v NURI (1990) VSCA 7 [26] R v Crabbe [1985] 156 CLR 464 469 [27] R v Hutty (1953) VLR 338 at 339 [28] R v West (1848) 2 Cox cc 500 [29] The king v James Lapier (1784) 168 ER 263 and Wallis v Lane [1964] VR 293 [30] Oxford v Moss (1979) 68 Cr App Rep 183 [31] Stein v. Henshall (976)V.R. 612 [32] R v Senese (2004) VSCA 136SDSD [33] Wellard v R(1978) 67 Cr App R 364 [34] R v D (1984) 2 all er 449 [35] Attorney-General v Whelan (1934) IR 518 at 526 [36] R v Brown (1986) 43 SASR 33 at 37. [37] Smith v Desmond (1965) AC 960. [38] R v Langham. (1984) 36 SASR 48 [39] Article 52 of Additional Protocol to the Geneva Conventions [40] DPP v Smith 1961 AC 290 [41] Meyers v R [1997] HCA 43; (1997) 147 ALR 440; (1997) [42] R v Coleman (1990) 19 NSW 467 [43] R v Faure (1999) 2 VR 537 [44] R v Crabbe [1985] HCA 22; (1985) 156 CLR 464 (26 March 1985) [45] Thambiah v R (1966) AC 37 [46] Osland v R (1998) 197 CLR 316 [47] R V Whitefield (1983) 79 Cr App R 36 [48] R v Bainbridge (1959) 3 ALL ER 200