How does one get a Personal Violence Order against someone whose name is not known? According to the local courts in the Northern Territory, to apply for a PVO the defendant's name and address is required. How does one go about getting a PVO against a neighbour whose name no one in the community knows ? Note: This question is not about a domestic violence order, but a personal violence order where violence is anticipated. The police are not authorised to give out interim PVOs (They do give out interim DVOs)
Here's what I had to do : After going through this harrowing phase, I thought I will post an update in case some one is in such a situation. The Northern Territory's Personal Violence Restraining Order act has a clause (section 21) which basically says if the applicant believes a third party knows the defendant's name then the applicant can request the court to order the third party(power, water, electoral roll, etc) to provide the name if the applicant has already made reasonable efforts in finding out the persons name and hasn't been able to. The third parties will only oblige to a court order. I am almost certain every state/territories' act (in Australia) will have such a clause. It was a challenge to get the court registry to accept the application as the front counter staff/supervisor/supervisor's supervisor were all unaware of this provision (to make an application for a PVRO but get the judge to first order the third party). I had to carry with me the act with the highlighted portion for them to read, analyse and consult with other court staff to even take my application in. At least in the NT there are community legal help services available for no fee and I highly recommend them.
What happens to someone who’s committed a murder in the UK? Considering the person will be caught. This is a basic and somewhat vague question so I will provide a basic and very general answer. The name of the court with proper jurisdiction, the relevant criminal procedural rules, and the substantive law that applies varies within the U.K. In particular in Scotland and the various dependencies of the U.K. differ significantly from England-Wales. There are some minor differences in Northern Ireland. England-and-Wales are treated as one for most purposes, but there are some slight differences at the very lowest levels but none materially impact a murder case. If they are caught in England and Wales they are arrested, interviewed, charged then brought before the next available Magistrates' Court who send the defendant to the Crown Court for trial. As a Magistrate has no power to grant bail for murder the defendant must be remanded in custody until he can make an application for bail before the Crown Court, but the default position is that bail should not be granted for murder unless in very exceptional circumstances. In other U.K. jurisdictions, the names of the courts will differ and there may be some other fine details that aren't the same in the pre-trial process but the same general outline applies. If they are outside of the U.K. they will be subject to either an International or European Arrest Warrant and extradited to the UK at the request of the U.K. Government under the terms of the relevant extradition treaties. On arrival in the UK they are arrested for murder and the process proceeds in the same manner. (If they are someplace that does not have an extradition treaty with the U.K., the trial may be deferred until U.K. officials have an opportunity to arrest him and are often dogged in attempting to accomplish, perhaps, for example, while the suspect is on holiday somewhere that there is an extradition treaty.) Prior to the trial, the Crown Prosecution Service (CPS) and the defence will prepare their cases and return to court at various times to settle any issues etc before going to the expense of a full trial. Also, at any time the CPS determine the case to be too weak for a realistic prospect of conviction or the suspect is innocent, they are supposed to dismiss or amend the indictment. The defendant is then tried for murder before a jury (almost always, but not in every single case, e.g., if the defendant admits guilt and the plea is accepted in appropriate proceedings before a judge). The CPS instruct a barrister to present their case with another barrister acting on behalf of the defendant. The process is for juvenile defendants is pretty much the same as for adults, apart from added safeguards to ensure the juvenile understands the proceedings and is not put at any disadvantage due to their age. All of the jurisdictions within the U.K., however, will have a trial that involves presentation of sworn evidence and exhibits and opening and closing arguments from both prosecution and defence counsels to a jury, procedural objections, cross-examination, and sometimes offering of additional evidence under the supervision of a single judge; normally with the defendant present. There will be some means of court reporting, and unless the judge orders otherwise (which is only done in relatively exceptional circumstances), the trial will be open to the public and the press to observe. If the defendant dies before the legal process to secure a conviction is not completed, the case is dismissed as moot. If the defendant is convicted of a homicide offense the trial/sentencing judge will impose a prison sentences, which is &quot;fixed by law&quot;, with a life sentence in the case of the most serious homicide offense, murder (there are multiple homicide offenses that hinge largely on the intent of the defendant, often a murder prosecution will include less included homicide offenses as options for convictions). Only in exceptional cases this will be a whole-life term, in all others the judge will prescribe a minimum sentence according to the judicial sentencing guidelines after which the defendant may be released on licence, which is what an American would call parole. Any offences committed on licence will normally result in a recall to prison. The U.K. does not have a death penalty and does not authorise corporal punishment. The vast majority of people who are arrested and tried for murder are convicted, although there are sometimes acquittals or hung juries. This conviction may be appealed by the defendant to the Court of Appeal (and again up to the Supreme Court) (the intermediate appellate court may not be the same in all U.K. jurisdictions) which reviews the proceedings to determine if the law was applied correctly and if there was sufficient evidence to support the verdict. If the court finds that this was not the case, it can vacate the conviction and orders an appropriate revised disposition of the case depending upon the circumstances justifying the reversal of the trial court. If the appeal court affirm the trial verdict then the sentence continues to be carried out. Usually, but not always, the defendant will be in prison pursuant to the sentence imposed pending an outcome of any appeal. Eventually, if the sentence imposed upon a conviction is affirmed (and not a whole life term) the prisoner may be released on licence (which includes some post-release supervision) and is free and to about living their life again, subject to some collateral consequences based upon their criminal record (e.g. inability to work in certain occupations). If the defendant is acquitted, then they go free and cannot be tried again for the same offence, unless the exceptions under the double jeopardy provisions that apply in that jurisdiction apply. The main exception of double jeopardy is for newly discovered evidence of guilt in a case where there was an acquittal. If the person convicted is not a British citizen, they will usually be deported at the conclusion of their sentence if international law allows for it. There are a few exceptions to these rules that come up in a tiny percentage of all U.K. murders that apply (1) in the case of people subject to courts-martial such as active duty military service members, (2) in the case of foreign diplomats with diplomatic immunity, (3) when the murder is classified as an act of terrorism, and (4) in the case that the defendant has a title of nobility that calls for special treatment such as, e.g., Prince Charles (the current heir to the throne) or the Queen. These special cases are really too esoteric for the plain vanilla facts stated in the question and involve unique processes that are very different from the usual one described above. The fourth case is one that does not exist in my country (the U.S.) and in other countries that are republics rather than constitutional monarchies like the U.K., although most countries have some special rules for criminal trials of their very highest officials (like Presidents and Prime Ministers).
This is related to Can a store sell merchandise I&#39;ve left in the store? The phone in question has been mislaid and anyone who finds it has a duty to deliver it to the owner of the bench for safekeeping pending the true owner's return: if the owner does not return within a reasonable time the phone becomes the property of the bench owner (e.g. the city that owns the park). However, the specific question here is: Where the owner has returned within a reasonable time but the possessor of the phone is now clearly attempting to steal it. Most jurisdictions recognise that a person is entitled to use reasonable force to defend their life or property. For example, the law in Australia1, is generally case law for which the authority is the High Court's decision in Zecevic v DPP (1987) 162 CLR 645: The question to be asked in the end is quite simple. It is whether the accused believed upon reasonable grounds that it was necessary in self-defence to do what he did. If he had that belief and there were reasonable grounds for it, or if the jury is left in reasonable doubt about the matter, then he is entitled to an acquittal. Stated in this form, the question is one of general application and is not limited to cases of homicide. So, you are entitled to do "what you believe upon reasonable grounds that it was necessary to do" to defend your property. This would include using physical force to stop their flight and return your property to your possession: it would not include force that posed real and foreseeable risk of inflicting death or grievous bodily harm upon them. In addition, because you have reasonable grounds to believe that they have committed a crime, you are allowed to arrest them and deliver them to lawful custody (i.e. a police officer). Naturally, if you do not have reasonable grounds them you have just kidnapped them. The consequences if you do injure them is that you can be charged with a crime (battery, grievous bodily harm, manslaughter, murder etc.) and/or be sued for damages (medical bills, lost wages etc.) in both cases you could use self-defence as a defence. The difference between self-defence and vigilante justice is one is legal and the other isn't
Yes. The principle caselaw is R v Hayward (1908) 21 Cox 692 A husband and wife had an argument that led to the husband chasing his wife out into the street. The wife collapsed during this altercation and died. Whist the husband did not physically touch her, he did shout threats at her. The wife was found to have been suffering from an abnormality of the thyroid gland that neither was aware of that meant that fright or shock could cause death if combined with physical exertion. The husband was charged with manslaughter. [...] The husband was found guilty of manslaughter. No actual proof of violence was necessary as long as the defendant’s unlawful act, which was the threat of violence, caused her fright leading to her death. The criminal law acknowledges that an assailant must take their victim as they find them... Source And... The defendant chased his wife out of the house shouting threats at her. She collapsed and died. He did not physically touch her. She was suffering from a rare thyroid condition which could lead to death where physical exertion was accompanied by fright and panic. Both the defendant and his wife were unaware she had this condition. Held: The defendant was liable for constructive manslaughter as his unlawful act (assault) caused death. The egg shell (thin) skull rule applied. He was therefore fully liable despite the fact an ordinary person of reasonable fortitude would not have died in such circumstances... Source
england-and-wales Alice's defence will be that she had an honest belief, given the circumstances, that force was necessary and the force she used was reasonable in defence of John (and possibly Alice). John's consent is irrelevant unless it had some bearing on that. Why did John oppose the use of force? Did John tell Alice not to shoot because he would rather die than cause a death? Irrelevant. Did John tell Alice not to shoot because he believed Bob was not a real threat due to circumstances X, Y and/or Z that he wanted Alice to heed? Relevant.
A temporary guardian would qualify, however, you would have to go to the probate court and explain why you are &quot;unable to care for the minor&quot;. It would appear from the situation you describe that you are able to care for the child. A standby guardian would also qualify if it has taken effect &quot;upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of the principal….” Killing yourself seems a little extreme just to avoid 2 weeks in quarantine.
If I did punch him , would that be okay? No, that would be Assault and Battery. If you did him serious injury you could face a charge of Grievous Bodily Harm. If you killed him, that would be murder. If you are in the UK, Canada or Australia and you were charged with murder you could claim provocation in an attempt to have the charge reduced to Voluntary Manslaughter. If you were in the US you could attempt to argue "extreme emotional or mental distress" if you are in a state that has adopted the Model Penal Code for any of the charges; if successful your sentence would be reduced. I saw people punch one another over this in movies. And I saw aliens invading the Earth in the movies - what happens in the movies if not necessarily true. Kissing my wife is adultery right? No, extramarital sex is adultery. Notwithstanding, adultery is not illegal in common-law countries. I'm pissed and don't know what to do? I sympathise with you but this is not a legal question. Whatever is going on between you, your wife and your neighbour is a social situation; not a legal one.
Assuming you have an assured shorthold tenancy, it's not the landlord himself that can evict you. The process is that he serves you notice, and if you don't move by the time the notice period ends, then he has to go to court in order to obtain a court order to end the tenancy. The landlord must demonstrate to the court that he has properly served notice to the tenant. This is a bit of a grey area, but this article suggests that, to avoid ambiguity, the landlord should either use recorded delivery (which would provide proof as to whether or not the tenant received it), or deliver it by hand with an independent witness present. In the case of a section 21 "no fault" eviction, the only defence a tenant has is that the correct procedure has not been followed. So it is in the landlord's interest to ensure that notice has been received beyond any doubt.