Legal Case

Legal Studies In December 2002 Dominic Li answered his front door to two men (Richard Nimmo and Maua Sua) both armed with guns. Sua and Nimmo were being paid by Yonky Irvin Tan, a drug dealer whom Li’s brother in law owed money to. Both Sua and Nimmo poured hydrochloric acid onto Mr Li where he suffered burns to his face, became blind and burns to his oesophagus. Mr Li painfully passed away three weeks later due to these injuries sustained as they led to a blockage in his throat that blocked his breathing. Tan was found guilty of plannng the murder and sentenced to life in prison.Sua and Nimmo were found not guilty to the murder but found guilty on other offences. Identify the correct legal citation of the case Name: Dominic Li – Satorre v R, R v AB, R v Tan – Acid attack and murder Date: 13th December 2002 Outline the elements of the offence In this case the elements of this case include the planning of the event by Tan. This is known as the men’s rea (gu ilty mind) this is proven by Tan admitting he had planned out the act and paid Sua and Nimmo to kill Li for him. Also acts rea is established in this case.Acts rea is the guilty act and is revealed in the case by Sua and Nimmo pouring the acid on Li’s face which eventually led to Li passing away three weeks later due to the injuries suffered in the attack. The overall offence of this act was murder. Describe the factors that might have led to the criminal behaviour. Economics was the factor/motive for this murder. Li’s brother in law (Phillip Ma) owed Tan money and had disappeared. Tan then planned out the murder of Li as a way of finding out where Ma was and to portray to Ma that it was a sign that Tan was coming after him.Outline the reporting and investigation of the crime Mr Li’s murder was reported to the police by his wife who looked on in horror as her husband had the acid poured down his throat and on his face at gunpoint. The evidence that was discovere d at the crime scene was the DNA of Sua and Nimmo (Fingerprints on guns and acid bottle). Explain the role of the courts The role of the courts is to hear cases being put forward by the two parties and decide the outcome of the hearing. In this case the case was heard at the NSW Supreme Court.It was heard in Supreme Court as the offence committed was too severe for the local courts as it was a murder case. Outline the legal representation The legal representation in this case is the roles of both the crown and the prosecutor. The role of the crown in cases is to act as the prosecuting party against the defendant. The Crown is usually abbreviated or represented by R. e. g. R v Smith. The role of the prosecutor is to assist the court in that the truth of the offence has been arrived and achieved. Identify the PleaIn the case of Dominic Li’s murder the offenders involved in the crime Tan, Sua, Nimmo and Sattore all pleaded innocent but were found guilty on various offences. Firs tly Tan was found guilty of planning the murder and was sentenced to life in prison. Secondly Sua and Nimmo were found guilty but were acquitted because one of Tan’s associates that was involved in proving Sua and Nimmo’s guilt and been in prison on previous occasions was seen as unreliable. However, both Sua and Nimmo were found guilty of drug offences and both prisoned to 24 years prison.Finally Sattore, who was found guilty of driving Sua and Nimmo to Li’s house was charged with being an accessory to the crime as he admitted to having prior knowledge of the planned murder and was sentenced to 16 years in prison. After the sentences were handed down Sattore expressed his sympathy and sorrow towards the victim’s friends and family. Discuss the factors that affect the sentencing decision Factors that affect sentencing decisions are conditions that may influence the final outcome and affect the result e. g. educe or increase the punishment handed down. The se conditions are considered by the court when determining whether the defendant is guilty or innocent. Some conditions may reduce the severity of the charge. These conditions are known as mitigating offences. In addition, conditions that may result in the charge becoming more severe are known as aggravating offences. In Mr Li’s case the mitigating offence shown was that of Mr Tan’s associates being labelled as unreliable therefore leading to the murder charges on Sua and Nimmo being dropped.Explain the penalty given Penalties given to the defendant may include time in prison. The judge determines the time that the defendant has to serve in prison based on the severity of the case that is being heard. In the case of Mr Li’s murder the judge handed down the sentence of life in prison to Mr Tan, 24 years in prison to both Sua and Nimmo and 16 years imprisonment to Sattore. Analyse the extent to which the law balances the rights of victims and offenders.In cases pr esented in court, the courts have to ensure the both the rights of the victims and the offenders are upheld. These rights must be met without any bias or unfairness towards one party. In the case of Mr Dominic Li’s death, his family and Mr Li himself have had their rights maintained as they know that the people responsible for Mr Li’s death are serving a long time in prison for what they did. On the other hand the rights of the offenders have also been upheld. Justice has been served to Tan, Sua, Nimmo and Sattore.This has been done by Sua and Nimmo being acquitted because of an unreliable source being used as a witness and providing an unstable statement. However, the rights of Li’s family were once again maintained as both Sua and Nimmo were still charged for other offences and face lengthy prison sentences. Furthermore , Sattore has been dealt justice as he is still serving time for his part in the murder but hasn’t been given as severe punishment as t he other member because he did not actually take part in the killing he just drove the murderers to Li’s house.He also admits to feeling extremely sorry for his actions and all of the offenders must live with the guilt of murdering Mr Dominic Li for the rest of their lives. In conclusion, the rights of both the victims and offenders have been upheld throughout the case by the final outcome. The family of Mr Li can get a sense of security and satisfactory out of knowing that the people who killed their beloved family member are serving time behind bars. Finally, the rights of the offenders were maintained because each member was given a fair trial and received a reduce punishment except for Mr Tan. Bryce Donovan