What Crime Has Been Comitted Essay Example for Free

What Crime Has Been Comitted Essay The purpose of this report is to sum up the court case of Rixon Vs Star City PTY LTD (2001 september). Mr Brian Rixon is the Appellant and Star City Pty Ltd (formerly Sydney Harbour Casino Pty Ltd) is the Respondent. Mr Rixon is suing Star City for battery, assult and unlawful arrest. What crime has beem commited? Include a defention of this crime. In this particulular case of Brian Rixon vs Star City PTY LTD, battery, assult and unlawful arrest were alegedely commited, these offences fall under tort law. A tort can be defined as a civil wrong. Battery can be defined as; direct intentional or neglective conduct that causes contact with the body of another without consent. While in criminal law this conduct is also known as assault, in civil actions a distinction is made between battery that invoves a threat of contact without assault. Brian Rixon had been made the subject of an exclusion order issued under the Casino Control Act (which meant that he could not return to the casino). However Mr Rixon did not abide to these terms and once again entered the casino. As a result of this an employee of the respondent approached Mr Rixon in the casino, placed his hand on Mr Rixon, spun him around informed him that; as an excluded person, he was required to follow him to an interview room. Mr Rixon was held in this room for approximately an hour and a half before police arrived; during which time he claimed he suffered stress and anxiety. Indentify the defenda nts and what plea they used. The defendants in this particular case are Star City PTY LTD. They had decided to plea not guilty and defended there employes decision to remove Mr Rixon from the casino as he was violating the casino control act. Outline the arguments they used in there case The defendants used the following arguments in there defence: Defence against assualt- Proof of assault requires proof of an intention to create in another person an apprehension of imminent harmful or offensive contact. If the assault lies in creating an apprehension of impending contact, proof of the assault does not require proof of an intention to follow it up or carry it through. However Mr Ross (Casino Inspector) placed his hand on Mr Rixons shoulder without using any degree of force and said Are you Brian Rixon? which leads to conclusion that Mr Ross had no intention of creating in Mr Rixon an apprehension of imminent harmful or offensive conduct Defence against battery- forms of conduct, long held to be acceptable, is touching a person for the purpose of engaging his attention, though of course using no greater degree of physical contact than is reasonably necessary in the circumstances for that purpose. Defence against false imprisonment/wrongfully accused-Any of the people in charge of the casino, the agent of the casino operator or the casino employee who knew that a person, the subject of an exclusion order, was in the casino premises must remove the person from the casino or cause the person to be removed from the casino. Or detain the subject until the authorities arrive to initiate protocol. Identify the Plaintiff The plaintiff In this particular c ase is Brian Rixon. Outline the arguments of the plaintiff. These arguments were used by the Plaintiff: Assault- The appellant Mr Rixon claimed that he was assaulted by the government inspector Ross. Mr Rixon claims that the inspector grabbed him by the shoulder and spun him around while he was playing poker. He said that it hurt his shoulder and neck. Battery- The appellant Mr Rixon claimed that the inspector had grabbed him by the shoulder and spun him around. This was not acceptable to him and he felt that it violated his security. Quote from her Honour The law cannot draw the line between different degrees of violence, and therefore totally prohibits the first and lowest stage of it; every mans person being sacred, and no other having a right to meddle with it, in any the slightest manner. †. False imprisonment/ wrongfully accused- The plaintiff claimed that he was wrongfully accused and did not deserve to be imprisoned. He also claimed that was in false imprisonment and that they had no right to keep him at the casino. In what court was the case heard? Was the case heard only by a judge or a judge and jury? Why? This particular case was held in district court infront of a judge- judicial officer: Balla ADCJ. This case was only presented in front of judge and not in front of a jury because it is not a criminal case it is a civil case. State the verdict and punishment handed down. Do you think this decision was fair why? / why not? The decision made by judge Balla was that the appeal would be dimmised with cost. The trial Judge rejected Mr Rixons case in battery on the basis that the touching lacked the requisite anger or hostile attitude to be considered as battery. Therefore her Honour dismissed the appeal. The trial Judge rejected the case in assault by finding that the actions of the defendants employee lacked `the requisite intention in relation to assault. Her honour rejected Mr Rixons account of being grabbed or spun round, her Honours finding that Mr Ross placed his hand on Mr Rixons shoulder without using any degree of force and said Are you Brian Rixon? This led her to conclude that Mr Ross had no intention of creating in Mr Rixon an apprehension of imminent harmful or offensive conduct. Therefore her Honour dismissed the appeal. The trial judge rejected the case in False imprisonment and wrongfully accused. The detention of Mr Rixon was made on reasonable grounds and that no more force was used than was proper in the circumstances. Her Honour said that Mr Rixons evidence established that he was informed of the reasons for the detention and that the police were notified immediately of the detention. Mr Rixon was not detained for any longer than was reasonable to enable a police officer to attend at the casino premises. Furthermore Mr Rixon was subject to an exclusion order. By entering the premise he violated the exclusion order and was detained while the police were notified. The staffs at Star City were just following protocol. Therefore her Honour dismissed the appeal. I believe that the verdict for this case was fair as Mr Rixon was out of line and did not need to sue on such an unworthy matter. The staffs at Star City Casino were simply doing their jobs as instructed. The judge did give the matter thoughtful revision and came to an accurate decision.

How developed is Brazil? Essay -- Econimics

How developed is Brazil? BRAZIL Economic A Case Study of: - Developments in two contrasting regions of a country (South East / Amazonia / North). - Strategies used by a government to improve the economy (in a developing country). - Exploitation of new resources within a country. - Impact of economic / industrial development on the environment of a region or country. Setting the scene - How developed is Brazil ? Brazil, alongside Mexico is considered one of South America's newly industrialising countries. GRAPH Main exports Metallic ores, coffee, fruit, chemicals, machines, weapons In 1991 Brazil had a debt of $123 billion.This is owed to the USA, the EEC, Japan and the World Bank. It is claimed that Brazil is "the 10th largest economy in the world". However in some urban areas 50% of people live below the "Poverty Line". Recent changes (1970 - 1998): - More people employed in manufacturing industry. - Fewer people employed in farming but between 1982 - 1990 agircultural output increased by 38%. - Over 50% of population employed in Services. - Increase in land used for farming - large estate plantations and ranching. - Rapid growth in "informal sector" jobs - working without official records (partic. in cities) such as street sellers, repairers, decorators etc. - Rapid growth of cities - over 75% of population live in cities. Of these 30 - 50% live below "poverty line". In the 1970's five main pressures created the debts: 1. Oil prices rose(doubled then quadrupled by 1979) so Brazils import bill increased as it tried to fuel growing industry. 2. Oil rich countries had money to lend - Brazil borrowed from t... ...outh est region where all raw materials; iron, coal, limestone are found. Near market - car industry in Sao Paulo (Volkswagen, Fiat, General Motors and Ford all located there, 4 of 2,000 foreign companies in Sao Paulo). Aircraft / defence industry big steel use too. 9. New weapons industry in Sao Paulo / Rio de Janeiroarea (South East region) - major growth 1975 - 1995. Located near major steel works. Defence commitments are important to Brazil (military government in 1960's - 1970's) - drug trafficking & guerilla wars along its borders. Located on new motorway routes - near decision making and industrial centres. 80% of Brazil's weapons are produced here as well as nuclear research near Sao Paulo. Brazil now exports weapons. The RAF makes a Tuscano training aircraft in Belfast, made from parts manufactured in Brazil.

Huck finn essay

Houck Finn was designed to portray the realist aspect of life. Twain intended to make The Adventures of Huckleberry Finn to satirized life in the South and the change from slavery to equality. Houck Finn is a perfect example of our abhorrent past, and for that reason, it should be a book that is not ignored in the classroom. Houck Finn should definitely be used for an educational purpose because Twat n used it to show us that a black and white person could work together in order to ache eve a common goal during the time.In his novel, Twain uses the â€Å"unworn† in casual dialogue † s a way to underscore the chilling truth about the old South, that it was a society where perfectly â€Å"nice† people didn't consider the death of a black person worth their notice. † (Sale n) Houck Finn starts out believing that slavery is a part of the natural order, but as the story goes on, Houck wrestles with his conscience, deciding that he would rather be â€Å"damned to the e flames of hell rather than betray his black friend. (Salient) The book is nothing less than free doomed and a quest in finding freedom. Students should be able to read Houck Finn in a class room environment because education â€Å"should not always be painless. † (Chadwick shush) Issues of sexuality, race, politics, and religion frequently come up in literature. When these subjects are brought up, many people feel under â€Å"attack† by the topic. â€Å"All the same, w e cannot let ourselves shy away from the uncomfortable purely because it hurts.Ignoring the problem of racism won't make it go away; it needs to be confronted and dealt with in a re spoonbills and informed manner. Without the historical and literary background, it is practical Ill impossible to find a solution. (Shepherd) We shouldn't close our eyes and pretend that race SMS never existed. We should face the fact instead of fighting it because it is a part of oh r history. Houck Finn allows us to see the views of black people from a white, southern boy.Of r example, when Jim gets mad at Houck for lying about his dream, Houck feels bad. He stats sees that â€Å"it was fifteen minutes before I could work myself up to go and humble myself to a in egger. † Houck wasn't happy about having to apologize to a black man, but he did it anyways. This shows that he is beginning to understand that the person he once saw as property, as feelings to. Throughout the rest of the novel, we can see how Houck starts to see that Jim s as equal off human being as Houck is.It is impossible to read Houck Finn without understand ding that the novel is based on historical and literary context of racism. In today's society, many high schools are racially mixed, so when classes dive I onto The Adventures of Huckleberry Finn , if teachers don't confront the issue of the novel's use of the â€Å"unworn†, its bound to be taken offensively. â€Å"Despite the fact that is it the most taught t novel and most taught work of American literature in American schools from j noir high to graduate school, Huckleberry Finn remains a hard book to read and a hard boo k to teach. (Fishing) Houck Finn uses the â€Å"unworn† over 200 times and a teacher would find it â€Å"extremely difficult, if not, impossible†¦ † (Foley) to teach the novel in a predominantly black k classroom; and the offensive language in the book certainly makes it a difficult book to re ad. Some might argue that by reading this book and its racial slurs, â€Å"impressions can be made that such racist actions are all right or allowed. † (Massed) Many people say that Twain's use of the â€Å"unworn† an influence our students today to think that it is okay to use.If this is the ca SE, â€Å"all students should have the right to an education free of any form of discrimination, racial I hostility, degradations all should have the right to feel like human beings in the class groom. † (Monitor) Overall, students should not be forced to read Houck Finn because t he â€Å"unworn† brings up vulgar images of the past and can promote a negative image on blab KC people, making them â€Å"cheap slavery stereotypes. † (Salient) After reading Houck Finn, I believe it all comes down to how the teacher paper aches he novel.

My Life At A Young Age - 807 Words

First I would like to start by introducing myself. I’m Antonio, and I’am 22 years of age. Currently I work in retail management and try to enjoy life to the fullest! I have been here in the US since the age of 11, and have been enjoying my life so far. I should say writing has always been a pleasure of mine so here it goes! I have spend my entire life with my mother. From the young age of 3 my father, birth father, left. I do keep moderate contact with him, but just enough not to be strangers. I have always been my my moms side, as she has done for me. Having me at a young age, she managed very well i have say. Always by each others sides, we have helped each other succeed, and push ourselves to always do better and better. Sometimes our kindness gets taken advantage of as we are truly very personality related. Very kind and caring mom and person, truly stands behind her words. Best word to describe her an amazing woman. Always has done great for herself, and us. A very strong believer and someone who pushes you to your limits. Have always loved that about her; someone who will give you the best advice and always truth. I have been a witness to the violence in the household before; prior to any of this to happen. She really, really was in a abusive relationship. Honestly, sometimes it did not even seem like a relationship, more correctly described as abusive and careless. Where you feel unsafe, unhappy, but unable to do anything about it. Almost seems like something youShow MoreRelatedMy Life At The Young Age Of Thirteen848 Words   |  4 Pageslater in life, I found my passion at the young age of thirteen. When I was thirteen, my brother had to have brain surgery to remove dysplasia cells, which were a result of his epilepsy disorder. Ever since I was a young child I knew I wanted to help people, so I would watch my brother while my parents were out of the room or I would help roll him on his side if and when he had a seizure. 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