silva case (1 Viewer)

[humptydumpty5]

Does anyone know what is the effectiveness and ineffectiveness of the silva case please

 

[hatterene]

hey there! the R v Silva 2015 case demonstrates:
- ineffectiveness of judicial discretion since the overturned jury decision, and reducing the charge from murder to manslaughter was deemed as 'letting him go too easy' according to an SMH article.
- effectiveness of criminal charges since his sentence was reduced to manslaughter through claims of provocation, which is effective as it accounts the abuse and pressure which alters the defendant's mens rea
- effectiveness of mitigating factors
well you see this is typical when it comes to cases regarding defence and discretion, because it's very difficult to balance between not achieving adequate justice for victims, but also taking into account the situations that have caused the crime to occur.

 

[humptydumpty5]

hey there! the R v Silva 2015 case demonstrates:
- ineffectiveness of judicial discretion since the overturned jury decision, and reducing the charge from murder to manslaughter was deemed as 'letting him go too easy' according to an SMH article.
- effectiveness of criminal charges since his sentence was reduced to manslaughter through claims of provocation, which is effective as it accounts the abuse and pressure which alters the defendant's mens rea
- effectiveness of mitigating factors
well you see this is typical when it comes to cases regarding defence and discretion, because it's very difficult to balance between not achieving adequate justice for victims, but also taking into account the situations that have caused the crime to occur.

Thank you very much