Problem question Essay Example | Topics and Well Written Essays - 2000 words

Problem question - Essay Example According to section 143 (1) CJA 2003 openly stipulates that the graveness of a certain offense must be established by revisiting two main elements; the guilt of the criminal and the damage that resulted from the crime or potentially being rooted by the crime (W100 team, 2012; p. 55). From Jake’s solicitor point of view, he must be tried as a first offender considering the graveness of the offense. From the information provided in the case Jake has got no previous criminal records or convictions. Hence the reason for the magistrate to pass an appropriate sentence that will not harm him more. Revisiting factor number one concerning guilt or culpability of the lawbreaker, it is partitioned into four main parts according to degree of seriousness. The offender may have had the objective to commit to cause damage or injury to the victims. He/she may have been careless in causing injury to the point that he/she knows harm will be caused but he/she still goes forward to commit the cr ime. Besides, the offender could have had facts about the impending risks of causing harm but he/she did not have the intention to cause injury. Lastly, the criminal could be totally negligent of the risks and the likely harm. Basing on the facts given Jake falls in the least seriousness to an extent that he was totally negligent of the risks involved. Jake committed the crime on impulse without putting in mind the impending risks. He had the assumption the owner had already left in hurry and that the said owner irritated him in addition to his friends’ irritation and ridicule of his entire situation. Therefore Jake must be charged under the least seriousness or culpability. Secondly, the harm caused during the criminal act counts a lot for magistrates’ evaluation. Though the state of harm is hard to classify, section 143 (1) CJA 2003 makes an effort to group harm in three wide headlines that may be used during the court proceedings or trials of the offender (W100 team , 2012; p. 55). Injury to persons or victims could be rape, psychological harm or loss of finances; destruction to the society which could encompass destruction of public health facilities hurt to the national safety and lastly harm to the animals. Though from the facts given, the four year child got scared to a point of not being left all alone for more than 3 months, Jake was not aware that his actions could come in the line of the a child. Besides, the mother being stressed to an extent of attending counseling for six sessions, Jake had no intentions to scare anyone. If by any point she got scared, then it is clear that her actions with those of the child scared her off. Jake was hoping for a peaceful job; where he expected no one to spot him. From the series of events in the information provided it is apparent that as much as the bench of magistrates can entirely blame Jake for the offences given, at the same time one must note that Jake acted on impulse and not on intent. The s olicitor must also use other factors such as mitigating and aggravating factors in defending Jake. These factors are vital in ruling judgment upon the accused or offender.