legal

Bigamy Case

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Case scenario:

Ali Mohammed is married to Eileen Mohammed but wants to keep her as the wife and marry Susan Grey as his second wife without being divorced. He then marries Susan now he has two wives.

Ali Mohammed met recently divorced Australian Fantasia Means, who now he wants to make her his third wife but still married to his other wives. He now has moved to Australia with his first two wives.

The above character’s in the scenario is fiction.But the law of Bigamy is Non-Fiction ( True Law Act)

I am going to discuss the law of the Bigamy in Australia, What is Bigamy you ask?

Well, Bigamy is the act of marrying someone a second time even though you are legally married to another person.

Within the Marriage Act under Bigamy is Illegal in Australia and after recent discoveries, why hasn’t the law put in the consequences within Bigamy for these so called Frauds. Under this law the sequences in breaking this law, the punishment is Imprisonment for five years.

So with the latest rumours going on what is the law doing, these people should be punished within the law.

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Law of Torts

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Where the word “Tort” Originate from and what does it mean?

The word Tort comes from a Latin word “Tortus” Which means a Wrong or crooked. In a few words a Tort is a Civil Wrong, which can lead to defendants paying out compensation to the plaintiff.

This will be granted if the plaintiff suffered as a result of an act or omission to them. A Tort is a result of a Breach of Duty which is imposed by law. Some of the torts can be actually laid done by the legislation itself.

What is the difference between Crime and Tort?

A Crime is a Breach of duty, which is imposed by the common law and states and it is also considered to be a “Community Wrong” which entitles to a punishment for the crime.

A tort is concerned with compensating the person injured or damaged by a wrongful act or omission.

But some of the torts can be found as both a crime and a tort.

Trespass

The Tort we are mainly going to explain a little about is the Intentional Torts to the Person: trespass.

The Intentional trespass is the tort that protects both personal security and property.

This Tort of Trespass is the intentional or negligent act of the defendant which actually interferes with the rights of the plaintiff without lawful consent.

With everyday law of trespass shares the similar elements off:

  1. Intentional or Negligent Conduct;
  2. Direct Interference; and
  3. Absence of lawful justification.

Trespass to the person is to do with three main areas:

  1. Battery
  2. Assault;
  3. False Imprisonment

What is Battery to the Person?

Battery to the person is intentional or negligent of the defendant that causes the Plaintiff physical interference with the body without their consent.

What is Assault?

Assault is the deliberate act or threat to D which directly places P in reasonable apprehension of a physical interference with his or her person without consent.

What is False Imprisonment?

False Imprisonment is where someone is kept or omitted to an act to  totally restrain on the liberty of the plaintiff and thereby confines him or herself to a delimited area without his her consent.

Note: Please note this to help people to understand a bit more of the legal Jargon, but if you are in need for help in this matter please see a Solicitor.

 

The Criminal System

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In Western Australia the criminal justice system classifies offences, based on the seriousness of the particular offence. The most serious of these offences are usually tried by judge and jury and the serious offences are usually tried by one judicial officer or a justice of the peace.

Under section 2 of the criminal code states that a person who commits an act is liable for punishment is an offence. The State and the commonwealth parliament sets out the rules and the laws and under section 3 of the criminal code there are three types of offences they are:

  1. Crimes Section 301-378
  2. Misdemeanours Section 337 are indictable offences
  3. Simple Offences section 59-313

With in section 59 is a simple offence; also section 313 is a simple offence. The particular rule is that some offences are not defined as a crime, misdemeanours or simple offence such as section 310-95 these offences are designated as a simple offence.

But under some other statutes the classifications of offences are sometimes not crimes, misdemeanour or simple offences, but are known as Indictable offences and simple offences. One of these is the Misuse of drugs act state statute as indictable offence and simple offence, also under the Commonwealth is the Crimes act 1914 which has two provisions which are section 4g if the penalty is greater than 12 months it is an indictable offence, unless otherwise intentions appears. 4h if the penalty is 12 months or less imprisonment or the penalty do not involve prisonment, which is known as a summary offence, unless otherwise contrary intention appears

The general rule with classification of offences is that some offences are more serious than those of summary offences are. With crimes and misdemeanours they are more serious than simple offences, with indictable offences they carry more serious punishment and this rule is generally true. The particularly indictable offences or simple offences are determined by:

  1. Trial Courts
  2. The matter of Trial
  3. The more servers are likely to be tried by judge and jury.

The crimes and misdemeanour are tried in Supreme or Districts courts. The indictable offences are usually tried upon the indictment, some indictable offences can only be tried in either Supreme or districts courts. These are normally tried by Judge and Jury or can be tried by judge alone under section 651A of the criminal code. Some indictable offences can be tried in Courts of petty sessions, which they are tried as summarily. Such as adults in Courts of petty sessions both indictable and simple offences are alleged committed by children are tried by in children’s court. But if the offence is an indictable offence, it can be heard in the court s of petty sessions, the sections are 5,426,426A and 465.

The code expressly declares that to provide indictable offence shall be tried summarily, section 8 and 9 of the misuse of drugs act. The misuse of drugs acts a person which is in possession of illegal drugs or supple section 6 (1) commits an indictable offence, section 9A person in possession is intended shall be dealt by summarily are uncertain prescribe amount, but in possession of small amounts are not necessarily tried by judge and jury. There are some advantages by being dealt with a summarily by courts of petty sessions they are:

  1. The cases are normally quicker
  2. There are lower penalties
  3. The cost involves are lower
  4. Courts of petty sessions are less formal proceedings and less demanding on individuals.

No matter what offence is committed the accused will be charged and punished by the courts for committing an indictable offence, where crimes and misdemeanours are more serious than simple offence which is less serious offences.

So overall the summary is whatever offence someone may commit in either state of Australia, they will need to consider the consequences of the punishment by the courts.