How to write a why college essay
Research Paper On Hamlet Topics
Sunday, August 23, 2020
Structural Position In The Financial Market-Myassignmenthelp.Com
Question: Talk About The Structural Position In The Financial Market? Answer: Presentation The point of this report is to give a comprehension of key examination of aircraft industry just as the chose organizations that are Virgin carrier and Qantas Airways. What's more, the report leads a top-down examination of the general monetary condition of the chose organizations that remembers the basic effect for the exhibition of chose industry and organizations. For this, the report investigation the present Gross residential item, swelling rate, financing cost, swapping scale and individual extra cash in Australia. Then again, the report likewise leads base down investigation of the budgetary circumstance of the organizations and carrier industry. The proportions break down the exhibition of the chose organizations. The base down examination helps in the similar investigation and to discovering the more gainful organization. Brief History of Air Travel Industry One of the solid enterprises is air travel industry in Australia. The air travel industry offices the financial development, worldwide speculation, the travel industry and world exchange and it will increment by 7% every year. Furthermore, business travel has been built up the organizations on a universal level as far as gracefully and creation chain and speculation that will likewise add to the monetary development. As far as worth, aircrafts industry shows an important development with $14.2 billion from 2012 to 2017 and yearly development rate 0.4%. The air travel industry exists in the expanding serious market that was influenced by ongoing pattern by growing local just as global assistance ((IBIS, 2016).). History and Mission proclamation of Companies Virgin Atlantic The Virgin Atlantic was established in 1984 in the UK and headquarter of this organization is in Crawley and England. The organization has an incredible altruism and ubiquity so it delighted in different exchange grants over the world. The statement of purpose of the Virgin Atlantic is to grasp the human soul and let it fly. After the development of the organization, the Virgin Atlantic offered its 49% offer to Singapore Airlines in 600.25 million (Virgin Atlantic, 2016). Qantas Airways The Qantas Airlines is perhaps the most established carrier on the planet that was established in 1920 at Queensland. At first, the Qantas Airways works the administration of Airmails that has been sponsored by the Australian government. It was the biggest organization, which gives transportation administration to the various nations. The organization holds 65% portions of the residential market in Australia (Qantas, 2017). The statement of purpose of this organization is that the organization is committed towards work to being ideal and become an Australian driving premium carrier organization. Furthermore, the organization needs to meet the desire each time when travelers fly. Top-down Analysis Top-down examination is utilized to search for the 10,000 foot view right off the bat and after that it will investigation the other little part in detail. What's more, the financial specialist has determined the offer in the market by deciding the absolute market (Mao et al., 2013). The financial specialist begins the examination with the assistance of monetary marker like loan costs, expansion, vitality value, net residential creation and trade rates, which helps the speculator for picking the correct stock. A portion of the monetary pointers are portrayed as underneath Current GDP rates To gauge the monetary action of the country net residential creation is a successful marker. In June quarter of 2017, the GDP pace of Australian is expanded .80% in contrast with earlier year and more grounded than first quarter of the equivalent monetary year. The commitment of all the administration enterprises remembering the carrier business for total national output is 52% (Trading Economics, 2017). In the monetary condition, the income from the aviation routes is expanding step by step, which implies the Australian financial exercises rises. The discretionary cashflow of the Virgin Atlantic and Qantas Airways is expanded that implies the interest for air travel is increment for business just as relaxation reason. Current Interest Rate The financing cost is a sum that was communicated as a level of head by the advance taker to the borrower for utilizing the advantages. What's more, it was the sum that has been paid by the borrower to a loan specialist for a particular timeframe with the specific rate. The enthusiasm of Australia in 2017 is 1.5%, which is unaltered (Reserve Bank of Australia, 2017). The estimation of Australian dollar is diminished as contrast with 2016 in this manner, the carrier's business take the advantage of the diminished estimation of Australian dollar. In favor to this, because of the execution of current loan cost the expense of proprietorship is decreased by $7.4m. Thus, it bolsters the Australian carriers, for example, Virgin Atlantic and Qantas Airways. Current Value of $AUD In the current setting, the estimation of 1AUD is equivalent to 0.77US Dollar. It examinations that the estimation of Australian dollar is lower as contrast with US dollar (Parliament of Australia, 2016). There is sure and negative effect on the carrier's business with the change in cash. There is a need in aircraft industry to interpret the income in the various monetary standards so it will influence the choice of client, carrier choice and the money related records of the carriers. The lower estimation of the swapping scale has made an issue for the two organizations, for example, Qantas and Virgin carriers identified with fuel supporting. Expansion rate The expansion rate is the estimation of the expansion in the cost of products and administration over a specific timeframe that is repeated as a rate. It is normally estimated on month to month and every year premise in the Australia. The swelling rate in Australia has been expanded 1.9% in the June quarter of 2017 (Trading Economics, 2017). It was expanded the cost of food and lodging counterbalance in Australia. The Airlines business can't take advantage as a result of the high swelling rate. It will affect on the interest for carriers benefits that is given by the aircraft's organizations, for example, Virgin and Qantas Airlines. Individual Disposable Income Individual discretionary cashflow is the measure of cash that has been accessible for family units for spending and sparing that has been determined subsequent to paying annual duty to the administration. It is known as the monetary pointer that is utilized to give a structure the general condition of the economy. Also, the individual removal pay expanded to 287837 AUD million out of 2016 second from last quarter from the second quarter of 2016 that is 287139 AUD million (Trading Economics, 2016). It examined that individual discretionary cashflow of Australian individuals is expanded that has a beneficial outcome on the Airlines business. The oil value conveys a powerful improvement for Airline organizations like Virgin and Qantas Airlines; it will diminish the reasonable of air voyaging. With the expanding individual discretionary cashflow, it will build the spending intensity of clients. Base up Analysis: In fund and bookkeeping, base up examination is a characterized as a speculation approach which is utilized to break down an individual stock based on various elements. These elements include an associations in general fiscal summaries, budgetary quality and other individual pointers of execution (Sternberg, 2013). Along these lines, base up examination of Qantas and Virgin through various proportions is as underneath: Liquidity Ratios These proportions are utilized to examine the capacity of an organization to pay obligation commitments or current liabilities through the computation of current proportion, analysis proportion, and money proportion (Rist et al, 2014). Name of the proportion Equation of the Ratio Qantas (30/6/2016) Virgin (30/6/2016) Industry normal Current proportion Current resources/current liabilities 3458/7028 =.49 656.14/489.27 =1.34 .59 Basic analysis proportion (Current resources Inventory)/Current Liabilities (3458-336)/7028 =.44 (656.14-0)/489.27 =1.34 .54 Income Ratio (Cash+ Marketable protections)/Current liabilities (2209+0)/7028 =.31 (601.09+0)/489.27 =1.22 From the above estimations it is broke down that present proportion is introducing the connection between current resources and current liabilities. It gauges the liquidity of an association and generally used to find the momentary liquidity position of the association. The present proportion of Qantas is .49 and Virgin is 1.34 in 2016. It implies that Virgin aircraft has high dissolvability and utilizing a lot of their assets in correlation of Qantas. Just as, analysis proportion is additionally introducing the connection between fluid resources, for example, current resources and current liabilities of the organization. Just as, analysis proportion is utilized to gauge the capacity to current liabilities of the organization (Fridson and Alvarez, 2011). The above estimations introducing that analysis proportion of Qantas is .44 and Virgin is 1.34. It implies Virgin is a lot of fit to pay current liabilities in look at of Qantas carriers. Besides, income proportion quantifies that ho w well the present liabilities are encased by stream of money from the companys activities. Here, income proportion of Qantas is determined .31 and Virgins income proportion is 1.22. It implies that Virgin has secured its present liabilities well in look at of Qantas. Additionally, the above figurings are introducing that liquidity proportions of Qantas is not as much as industry normal however these proportions of Virgin organization is higher than industry normal. It presents that Virgin is a lot of able in paying obligation commitments in analyze of industry normal and Qantas Company. Productivity Ratio In bookkeeping productivity proportion is utilized to contrast the pay with scopes during a particular time of period. This proportion centers around return of a companys speculation on resources and stock. At the end of the day, gainfulness rati
Saturday, August 22, 2020
Modern Marine Management Practice Essay Example | Topics and Well Written Essays - 2000 words
Present day Marine Management Practice - Essay Example In the examination directed, the principle center is the relative investigation of the utilization of the McGregor hypothesis and the Maslow chain of importance of necessities. These hypotheses as considered as two of the fundamental speculations that include the establishment of authoritative conduct and practices. What's more, the fundamental target is to have the option to introduce the use of these speculations in the cutting edge the executives of marine practice. In particular, to have the option to accomplish the aftereffects of the investigation it is critical to the ready to characterize the hypotheses first and decide the strategies for which they can be used in a framework or association. Upon the assurance of the methods of activity of the McGregor and the Maslow Theories, the resulting objective is the chance of use and even the impacts of usage in the marine practice. Consequently, through the course of the examination, the improvement of the idea identified with the application and the accomplishment of the specialty of the authoritative conduct speculations in the down to earth field, for example, current marine administration can be resolved and introduced. To have the option to accomplish the set destinations of the examination, it is imperative to characterize and decide the potential methods for use of the hierarchical speculations under investigation, explicitly the McGregor Theory and the Maslow Hierarchy of Needs Theory. The hypothesis which w... The principle segments of the hypothesis are hypothesis X and hypothesis Y. The primary point of view the hypothesis ventures are the manners in which that a pioneer can lead and deal with the individuals through inspiration. Hypothesis X rotates around a solitary inspiration which is cash and remuneration. The specialist would then be able to be portrayed narrow minded for own pay and money related worth; can even come up short on the duty and the drive to work. At the point when the pioneer perceives the said sort of individuals, it is imperative to consider that such subordinates are needing direction and close bearing (Leonard, 2002; Miner, 2002) Hypothesis Y, then again, is made out of individuals and laborers that are roused by different kinds of components. These variables are elite of fiscal remuneration. In cases actually, the activities of the individuals can be considered accordingly for their devotion and love for the activity and the job that needs to be done. As far as inspiration, ordinarily, they are self spurred, in this manner duties are promptly taken. What's more, dynamic can likewise be an activity. A pioneer with the said subordinates is, best case scenario gives direction while making them free (Leonard, 2002; Miner, 2002). Through the said parts of the hypothesis of McGregor, the pioneer can decide the sort of initiative and the powerful methods of inspiration that can be attempted. Maslow's Hierarchy of Needs Another significant authoritative and social rule is the hypothesis set up by Abraham Maslow. The said hypothesis can be applied to various field of social viewpoint and association. In this manner, the use of the said hypothesis in explicit fields can be considered as one of the most significant
Friday, August 21, 2020
Rotary Rock Tumbler Instructions
Turning Rock Tumbler Instructions The most well-known sort of rock tumbler is a rotational drum tumbler. It shines shakes by reproducing the activity of the sea waves. Turning tumblers clean shakes considerably more rapidly than the sea, however it despite everything requires some investment to go from harsh rocks to cleaned stones! Anticipate that the procedure should take in any event a month through and through. Utilize these guidelines as a beginning stage for your tumbling. Track the sort and amount of rock and coarseness/clean, and span of each progression. Utilize this data to refine your method for the best outcomes. Rock Tumbler Materials List Revolving tumblerRocks (no different rough hardness in a load)Plastic PelletsSilicon Carbide Grits (You may include a 400 work SiC step, whenever wanted, before polishing)Polishing Compounds (for example alumina, cerium oxide)Lots of Water The most effective method to Use a Rock Tumbler Fill the barrel 2/3 to 3/4 loaded with rocks. On the off chance that you dont have enough shakes, you can add plastic pellets to compensate for any shortfall. Simply make a point to utilize those pellets just for coarse cleaning and utilize new pellets for the cleaning stages. Remember that some plastic pellets coast, so ensure you add them to the best possible volume beforeâ adding water.Add water so you can see it between the stones yet don't totally cover the stones.Add coarseness (see diagram below).Make sure your charged barrel falls inside the weight stipend for the rotor to be used.Each step runs for at any rate seven days. For the initial step, expel the barrel following 12-24 hours and open it to discharge any gas development. Resume tumbling. Dont be reluctant to open the barrel intermittently to ensure a slurry is framing and to check the advancement of the procedure. The tumbler ought to have a uniform tumbling sound, not sound like sneakers in a dryer. On the off chance that the tumbling isn't uniform, check the degree of the heap, arrangement of slurry, or blend of rock sizes, to ensure these things are ideal. Keep notes and have a ton of fun! Allow the harsh to pound (60/90 work for hard stones, start with the 120/220 for delicate stones) run until the entirety of the sharp edges have been knocked off the stones and they are really smooth. You can hope to lose about 30% of each stone during the tumbling procedure, with practically the entirety of the misfortune during this initial step. On the off chance that the stones are not smoothed following 10 days, you should rehash the progression with new grit.After a stage has been finished, wash the stones and the barrel altogether to expel all hints of the coarseness. I utilize an old toothbrush to get into the difficult to-arrive at territories. Put aside any stones that are broken or have pits or breaks. You can add them to the initial step of the following bunch of stones, however they will reduce the nature of the entirety of your stones on the off chance that you leave them in for the following step.For the subsequent stage, you again need the stones to fill the barrel 2/ 3 to 3/4 full. Add plastic pellets to compensate for any shortfall. Include water and coarseness/clean and continue. The keys to progress are making sure there is no defilement of steps with coarseness from the past advance and evading the compulsion to proceed onward to the following stage too soon. Barrel Coarseness Mesh 60/90 120/220 Prepolish Clean 1.5# 4 T 4 T 6 T 6 T 3# 4 T 4 T 6 T 6 T 4.5# 8 T 8 T 10 T 10 T 6# 10 T 12 T 12 T 12 T 12# 20 T 20 T 25 T 25 T Accommodating Tips for Perfectly Polished Rocks Try not to over-burden your tumbler! This is a main source of belt breakage and engine wear out. If all else fails, gauge your barrel. A barrel for a 3-lb engine ought not surpass a load of 3 pounds when accused of rocks, coarseness, and water.Oil the tumbler bushings with a solitary drop of oil, yet don't try too hard! You don't need oil on the belt, as this will make it slip and break.Resist the impulse to tumble rocks with splits or pits. Coarseness will get into these pits and pollute ensuing advances, destroying the clean of the whole burden. No measure of scouring with a toothbrush will evacuate the entirety of the coarseness inside a pit!Use a reasonable burden that incorporates both huge and little shakes. This will improve the tumbling action.Make sure all stones in a heap are of the equivalent rough hardness. Something else, the gentler stones will be eroded during the cleaning procedure. An exemption to this is the point at which you are deliberately utilizing gentler ston es to fill/pad a load.Dont wash coarseness down the channel! It will make an obstruct that is impenetrable to deplete more clean. I flush the coarseness ventures outside utilizing a nursery hose. Another choice is to wash the coarseness into a pail, for later removal some place other than your pipes. Dont reuse coarseness. Silicon carbide loses its sharp edges after about a weeks tumbling time and gets pointless for grinding.You can reuse plastic pellets, yet take care to abstain from defiling the cleaning stages with coarseness. Utilize separate plastic pellets for these stages!You can include heating pop, Alka-Seltzer, or a Tums to a heap to forestall gas fabricate up.For smooth waterway rocks or for any gentler stones (for example sodalite, fluorite, apatite), you may overlook the principal coarse coarseness step.For gentler stones (particularly obsidian or apache tears), you need to slow the tumbling activity and keep the stones from affecting each other during cleaning. A few people have achievement including corn syrup or sugar (twice as much as the measure of prepolish and cleaning operator) to thicken the slurry. Another alternative is to clean the stones dry (as in no water) with cerium oxide and oats. Is it true that you are keen on utilizing a vibratory tumbler to clean shakes? At that point attempt these directions.
Vocational Education Vs. Standardized Testing Essay -- Vocational Cour
A lot of schools center around the scores that originate from government sanctioned testing. In spite of the fact that government sanctioned testing won't help an understudy get to where they should be so as to pick up their profession. Truth be told, government sanctioned tests are for the most part being utilized to gauge a teacherââ¬â¢s capacity to educate (Manalo 1). Why are schools putting together their educational plan with respect to state sanctioned grades as opposed to encouraging professional training courses that will help understudies later on in their lives? There are various professional courses which incorporate; nursing, food morals, PC understanding, office the executives, and even cosmetology. Give secondary school understudies professional classes or let the educational system disintegrate. Professional courses better get ready understudies for the years to come. Professional courses plan and educate and make pioneers and are balanced. Each understudy has the r ight to have an open door at progress and professional classes will sort out them in the way they should be readied. These classes slender oneââ¬â¢s concentration so they can find what they need to seek after professionally. (Ziliak 1). Professional classes open up ââ¬Å"doors of opportunity.â⬠Cannot utilize the reason that training professional instruction in schools would bring down the odds of getting into school since school credits can be earned through these courses. In 2012 understudies taking part in the Kokomo vocation focus earned 834 credits from Ivy Tech Community College (Ziliak 2). Evidently professional classes get ready understudies for genuine circumstances and put them progressing nicely towards their fantasy vocation. The same number of schools utilize government sanctioned testing to gauge their studentââ¬â¢s development they don't understand that state administered tests don't mirror the character of youngsters which will not support succe... ...re a sort of genuine learning. Professional training includes: assortment, importance, and reason. ââ¬Æ' Works Cited James, Howlett. Mechanical Arts: Call It What You Want, the Need Still Exists. Industrial Arts: Call It What You Want, the Need Still Exists. N.p., Mar. 2008. Web. 12 Feb. 2014. Manalo, Taylor. Community Issues. Civic Issues Site Wide Activity RSS. Metro Issues, 1 Apr. 2013. Web. 12 Feb. 2014. Watkins, Bill. Do Standardized Tests Raise Dropout Rates? Newgeography.com. New Geography, 16 Nov. 2011. Web. 12 Feb. 2014. Jorgenson, Olaf. ââ¬Å"What We Lose In Winning The Test Score Race.â⬠Principal 91.5 (2012): 12-15. Instruction Research Complete. Web. 7 Feb. 2014. Ziliak, Lindsey. ââ¬Å"In Vocational Courses, Ind. Understudies Get Early Glimpse Of Careers.â⬠Community College Week 25.14 (2013): 11. Instruction Research Complete. Web. 7 Feb. 2014.
Friday, July 10, 2020
How to Help You Write Research Papers Effectively
How to Help You Write Research Papers EffectivelyIf you are a student or an academic researcher, you probably want to be more effective when it comes to writing research papers. Below are some tips to help you write research papers in a more effective way.The first tip for helping you write research paper is to avoid unnecessary words. You should avoid jargon and avoid using long sentences in your paper. This can confuse your readers and make them lose interest in the paper. Avoid using numbers, which should only be used for numbers you already mentioned.The second tip for helping you write research paper is to give the details of your research well. When it comes to writing a research paper, it is always important to know what exactly the topic is about.The third tip for helping you write research paper is to stay within the limits of your knowledge. Your research papers will not be effective if you assume that everyone knows the information that you write. If you do this, you will get a lot of rejections from people who actually need to read your research papers.The fourth tip for helping you write research paper is to write about topics that you are familiar with. Before writing your research paper, make sure that you know more about the topic than anyone else. This way, you will be able to write your research paper in a more effective way.The fifth tip for helping you write research paper is to avoid using technical terms. Use colloquial terms instead if you think they will better convey your point. Most students are accustomed to speaking in simple terms and are afraid to use technical terms.Writing research papers is one of the most important activities that you will have to do when you are studying in college. This is why you should be careful when writing your research papers and avoid using technical terms and unnecessary wordings.
Thursday, July 2, 2020
The Victorian Burglary Legislation - Free Essay Example
Impact of Singh v The Queen on the Victorian Burglary Legislation. Introduction The main contentious issues in Singh v The Queen[1] are when should the mens rea element of the crime of burglary be proven to exist for a continuous act or series of acts, should the prosecution prove beyond reasonable doubt the existence of intent to commit the crime of burglary at the time of the first effective entry into the building or part of the building as defined by the Crime Act 1958 (Vic) s 76(1)?[2] And if so, what is the proper interpretation of the phrase à ¢Ã¢â ¬ÃÅ"part of the buildingà ¢Ã¢â ¬Ã¢â ¢?[3] To answer these questions, this essay will analyse the current Victorian burglary laws, explore some of the issues which do arise when applying s 76 of the crime act,[4] examine some of the principles formed by various courts during criminal proceedings especially when hearing burglar cases and finally summarise the potential impact of Singh v The Queen[5] case on Victorian Burglary Legislation. Current Victoria Burglary and Aggravated Burglary Laws. Originating from the Common Law and buried at the heart of the Criminal Law is the notion of blameworthiness which states that a criminal conviction connotes a moral evaluation of the defendantà ¢Ã¢â ¬Ã¢â ¢s guilt as deserving sanction.[6] This principle of proving all elements of a criminal offence is referred to as Temporal Coincidence.[7] For the crime of burglary to be established, the current Victorian burglary laws have squarely placed the onus of prove on the prosecution to establish beyond reasonable doubt that the accused had entered a building or part of a building,[8] and at the time of entering the building the accused entered as a trespasser[9] and at the time of entering the accused intended to steal anything in the building or part in question[10] or to commit an offence involving an assault to a person in the building or part in question or involving any damage to the building or to property in the building or part in question.[11] For the aggravated burg lary, the prosecution has to prove that the accused commits a burglary,[12] and at the time the accused has any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive[13] or at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present.[14] How the courts have formed principle when interpreting burglary laws. The distinctive feature of the criminal law is its dualism in it approach to criminal behaviour.[15] For the accused to be convicted of a criminal offence, the actus reus and mens rea elements must exist at the same time.[16] However, the dualist approach encounters problem in situation where there has been series of act or continuing act. The dilemma is whether a men rea is required for each act. These are the exact issues which exhibited themselves in Singh v The Queen.[17] When deliberating on such cases, judges have apparently applied various approaches which have been categorised into three principles discussed below. Continuing Act and Series of Act Approach When dealing with series of acts, courts tend to treat the accused conduct as one indivisible transaction and that mens rea existed at the time the accused began the series of act.[18] The continuing act approach was clearly displayed in Fagan v Metropolitan Commissioner, [19] where the accused drove his car onto the foot of a police constable. When the victim told Fagan to move his car, he turned off the engine. Fagan eventually moved the car but was convicted for assault. On appeal, Fagan argued that driving onto the constableà ¢Ã¢â ¬Ã¢â ¢s foot occurred without mens rea. The question before the court was whether there was a coincident of mens rea and actus reus. . The court held that the relevant act was a continuing one, which started with the wheel being driven onto the constableà ¢Ã¢â ¬Ã¢â ¢s foot and ended with removal.[20] Therefore, assault was formed from the moment intention was produced in the apprehension of the continuing act.[21] There are some cases where the court tends to look at the impact of the accused conducts on victim even though the act might have started without clear evidence of mens rea. However, any intention formed later in the process of initial act could satisfy the existence of the mens rea element of the crime.[22] In cases where the prosecution cannot produce evidence that indicates directly that the accused knew that people were living in the building at the time of entry, the court may ask the jury to infer on the accusedà ¢Ã¢â ¬Ã¢â ¢s knowledge and intention at the time of entry based on motive evidence provided.[23] In Chimirri[24] the appellate court accepted that the accused was already a trespasser and that it was the formation of the intent to assault on the effective entry into the bedroom that made the accused a burglar on entry into that part of the building.[25] Such interpretation is debatable.[26] The Principle of Temporal Coincidence The doctrine of Temporal Coincidence states that the requisite mens rea of an offence must exist at the time of each and every volitional act or omission upon which it is necessary to rely in order to establish the actus reus of the offence.[27] For the prosecutor to press the charges of the aggravated burglary, the liability of the crime of burglary must first be established.[28] However, establishing burglary require that an accused enters a building or a part thereof and possesses the requisite mens reas of knowledge or recklessness as to being a trespasser and the intention to steal or commit one of the prescribed assault or damage offences at the time of entry.[29] Consistent with this principle, Dawnson J in Barker v The Queen stated that the offence of burglary is committed only if, at the time of entry as a trespasser, the entrant has an intent to steal.[30] This view was later made clearer in Doolan v Eaton[31] than in any other case, where the conviction of the crime o f unlawful entry was successfully appealed and the appeal was allowed. For the aggravated burglary, the prosecutor has to establish beyond reasonable doubt that at the time of entry, the accused had a state of mind whereby the accused knew there were people inside the building and had an intention to commit the prohibited volitional act.[32] Therefore, in accordance with the temporal coincidence principle, establishing the intent at the entry is a central requirement for culpability for the offence of aggravated burglary.[33] Applying Evidence of Premeditation or Plan to prove intend Any proven evidence of premeditation or plan of the assault or burglary makes the accused culpable of the aggravated burglary.[34] In Peter John Gale v R[35] the court expressed the view that a plan with expressed purpose of committing an assault can culminate into a very serious offence of the aggravated burglary. Therefore, the act of planning such assault implied that the accused had knowledge of the victim being present in the building, thus the intention mens rea of the offence is present.[36] Interpretation of the Phrase à ¢Ã¢â ¬ÃÅ"Part of a buildingà ¢Ã¢â ¬Ã¢â ¢ in s 76 and Development of the Burglary laws in Victoria. The interpretation of the phrase à ¢Ã¢â ¬ÃÅ"part of a buildingà ¢Ã¢â ¬Ã¢â ¢ in s76 has continuously been a subject of debate since the enactment of the Crime Act 1958.[37] It can be argued that the purpose of the à ¢Ã¢â ¬ÃÅ"part of a buildingà ¢Ã¢â ¬Ã¢â ¢ in s 76 was not to undermine the principle of Temporal Coincidence but to cover offences of burglary that can occur and do occur in sections or areas of the building where right of entry is limited and the licence of the person is required,[38] especially where a building has been divided into parts with physical partitions or artificially divided with limitation placed and the accused is aware of such limited permission.[39] The Judicial College Victoria in its Criminal Charge Book (2014)[40] has divided the building into two distinctive parts, the part of a building that the accused could lawfully enter, and the remainder of the building.à ¢Ã¢â ¬Ã¢â ¢[41] The question of whether a room or an area within a building can be treated as à ¢Ã¢â ¬ÃÅ"part of a buildingà ¢Ã¢â ¬Ã¢â ¢ has always been left by judge for jury to decide.[42] However, in many cases, the court interpretation of the Victorian burglary legislation has been purposive rather than literal approach. Potential Impact of Singh v The Queen on the Victorian Burglary Legislation If the appeal is allowed, this case will then set a precedent which may be used as an authority in courts. It may also be used as a defense against aggravated burglary charges in cases where a crime involved series of acts or continuing act. Such an interpretation would be the unintended consequence that was not foreseen by the Victorian Parliament when the legislation was passed. On the contrary, rejecting the appeal will be contravening the principle of the Temporal Coincidence, which is the core of criminal law. This doctrine is imbedded on the question of whether an accused has made an effective entry into a building or part of a building,[43] which then banks on resolving the question of what was the purpose of inserting the phrase à ¢Ã¢â ¬ÃÅ"part of a buildingà ¢Ã¢â ¬Ã¢â ¢ into s76 of the Crime Act 1958 (Vic).[44] The verdicts for criminal cases are reached when the whole evidence proves the elements of the offence beyond reasonable doubt.[45] But due to lack o f consensus by various courts and among judges when interpreting the phrase à ¢Ã¢â ¬ÃÅ"part of a buildingà ¢Ã¢â ¬Ã¢â ¢ in s 76 of the Crime Act 1958[46] and dilemmas it creates when dealing with a continuing act like the Singh v The Queen [47] case, whichever way the appellate court rule, the Singh v The Queen[48] case has a potential to prompt the Victoria parliament to categorically redefine the phrase à ¢Ã¢â ¬ÃÅ"part of a buildingà ¢Ã¢â ¬Ã¢â ¢ in s 76(1) of the Crime Act 1958 (vic)[49] and such change to the legislation is imminent, it is just a matter of time but it is envisaged that the Victorian parliament will eventually amend the legislation. [1] Singh v The Queen [2013] VSCA 300. [2] Crime Act 1958 (Vic) s 76(1). [3] Ibid. [4] Ibid. [5] Singh v The Queen [2013] VSCA 300. [6] Trisca Mann, Australian Law Dictionary (Oxford University Press, 2nd ed, 2013). [7] Arenson, Ken, Mirko Bagaric, Peter Gillies, Criminal Laws in the Common Law Jurisdictions, (Oxford University Press Australia Higher Education, 3rd Edition,2011)(Emphasis added). [8] Ibid s 76(1); Nash, G., M., Annotated Criminal Legislation Victoria, 2013 à ¢Ã¢â ¬Ã¢â¬Å" 2014, LexisNexis. [9] Ibid. [10] Crime Act 1958 (Vic) s 76(1)(a). [11] Ibid s 76(1) (b). [12] Crime Act 1958 (Vic) s 77(1). [13] Ibid s 77(1)(a). [14] Ibid s 77(1)(b). [15] Lawskool.com.au. [16] Ryan v The Queen (1967) 121 CLR 205; Simon Bronitt and Bernadette McSherry, Principal of Criminal Law (LBC Information Services, 2001) 161; Arenson et al, above 7, 445. [17] Singh v The Queen [2013] VSCA 300. [18] Thabo Meli v The Queen [1964] 1 WLR 22 8. [19] Fagan v Metropolitan Commissioner [1969] 1 QB 439. [20] Lawskool.com.au. [21] Fagan v Metropolitan Commissioner [1969] 1 QB 439; Lawskool.com.au; See also R V Miller (1983) 2 AC 161. [22] The Queen v Dinsley [2013] VSC 631. [23] R v Steve Verde [2009] VSCA 16. [24] Chimirri [2010] VSCA 57. [25] Ibid, cited in Singh v The Queen [2013] VSCA 300. [26] Singh v The Queen [2013] VSCA 300. [27] Arenson et al, above 7. [28] Crime Act 1958 (Vic) s77(1). [29] Ibid s 76; Arenson et al, above 7, 461. [30] Barker v The Queen (1983) 47 ALR 1 (emphasis in original) (citation omitted). [31] Doolan v Eaton [2011] NTSC 52. [32] R v Hilton Munro [2006] VSCA 94. [33] See especially, Joshua Denman v R [2012] VSCA 261. [34] Pryor v Western Australia [2014] WASCA 143. [35] Peter John Gale v R [2014] VSCA 168. [36] Ibid; David Christopher Smith v R [2013] VSCA 219. [37] Crime Act 1958 (Vic). [38] R v Walkington [1979] 2 All ER; Singh v Th e Queen [2013] VSCA 300. [39] R v Walkington [1979] 2 All ER. [40] Judicial College Victoria, Criminal Charge Book (2014) https://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#5141.htm.(citations omitted). [41] Ibid. [42] R v Walkington [1979] 2 All ER. [43] Arenson et al, above 7. [44] Crime Act 1958 (Vic) . [45] Douglass v The Queen [2012] HCA 34. [46] Crime Act 1958 (Vic). [47] Singh v The Queen [2013] VSCA 300. [48] Ibid. [49] Crime Act 1958 (vic) s 76.
Wednesday, May 20, 2020
Historical Sexual Abuse Claims Dating From The 1970 S
Question 4 Explain fully the issues involved in the High Court decision in Stingel v Clark (2006) 226 CLR 442. Did the High Court reach the right decision in this case? Contextual Analysis In Stingel v Clark (2006), plaintiff, Carol Ann Stingel sued Geoff Clark over alleged historical sexual abuse claims dating from the 1970ââ¬Å¸s. 1 In this case, the High Court had opted not to follow the earlier House of Lords authority of Stubbings v Webb, 2 ââ¬Å"which had denied that the commencement of a limitation period could be delayed until the date of the injured person s knowledge in the case of an intentional assaultâ⬠.3 Instead the High Court relied on the interpretation of Section 5(1A) of the Limitation of Actions Act 1958 (Vic), which reads as follows: ââ¬Å"An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect of personal injuries consisting of a disease or disorder contracted by any person may be brought not more than six years from and the cause of action shall be taken to have accrued on the date on which the person first knows ââ¬â (a) That he has suffered those personal injuries; and (b) that those personal injuries were caused by the act or omission of some person.â⬠In handing down the decision, The High Court submitted that Ms Stingel wasShow MoreRelatedGirl Gangs and the Female Crime Wave in America Essay6758 Words à |à 28 Pagesbegan to surface as a serious problem in America. 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