Law for Non-Lawyers Case Study Example | Topics and Well Written Essays - 2000 words

Law for Non-Lawyers - Case Study Example Thereafter, Billy is under the influence of Alcohol, and he slaps the nurse when he is denied permission to see the wife in the hospital. Under these circumstances, the crown court has to put into consideration the various fields of law that Billy fails to adhere to; for instance, the Family Law- under the domestic violence, the criminal law- Assault on a public servant (Nurse) (Ferraro and Boychuck 209). Further insights into this situation is the place where the crime occurred, there is the presence of Children aged 5 and 8. Based on family laws, it is apparent that domestic violence propagates perilous effects on children because, at this ages children are at a critical stage of growth and development and exposure to domestic violence may change their perception and strategies to use in making decisions (Ferraro and Boychuck 209). Finally, the Crown Court may file a case against Billy on attempted murder on Hilda in using a chair leg to hit his wife. Using some peer reviewed journ als, secondary sources, publications, and statutes, the paper shall analyze a justified decision that the Crown Court may take concerning Billy’s situation (Asmus 115–158). According to Dr. Badawi & Jamal (1971), the both civilization and Christianity values the wellbeing of women and restores their rights. Therefore, a woman is a companion to the husband but not a legal obligation to him. In the first case, Billy assaults his wife by hitting her with a chair leg harming her. This is against the laws defined under section 47 on offences Against the Person Act 1861. Based on the offences Against the Person Act 1861, Billy’s act of assault falls under the intent of causing resulting to bodily harm or wounding (Asmus 115–158). In view of both the Crown Court sections, the court has every right to file a case against the assaults committed by Billy on Hilda and the nurse. However, the Crown Court will only open a case against Billy if Hilda accepts to file a case against Billy for the injuries sustained. For this reason, any course of action by the crown court is dependent on the Hilda’s decision, and the testimony that the children may provide to the Court on what they saw. They are the eyewitnesses on the circumstances surrounding the guilty consciousness of Billy (Asmus 115–158). Therefore, if Hilda takes a decision of opening a case against her husband, then, these puts the Crown into a better position of prosecuting Billy and justifies the issues surrounding the violence Act against Hilda. Hilda is a victim of violence to her husband the moment her rights are violated by Billy. It is very apparent that, Billy intended to cause violence because at the time of the crime, he was in his right frame of mind. Under the Family Violence Act, domestic violence is any form of mistreatment caused to a family member. The form of violence may involve children, close/elderly relatives, but violence occurs between spouses (Asmus 115 –158). Based on all these facts and the course of action taken by Hilda, Crown Court prosecutor may consider sentencing Billy for approximately 4 – 5 years. Considering the case, or rather, this incidence occurred in May 2004, a man