Crime and Mrs Smith Essay

Submitted By Wizzy_12
Words: 1491
Pages: 6

LEGAL STUDIES: AUSTRALIAN CRIME COMMISSION
The Australian crime commission is to research and produce a report, which will be presented to the media. Two indictable offences to be presented in the case are [Philip leung v the crown 2007 NSW, and Kevin smith v the state 2011 NSW]. These two criminal offences will clearly outline the processes undertaken in the criminal justice system.
The two elements of crime are the actus Reus and the mens rea. In the first case, the actus Reus was proven because of the death of Mr Guzzetti, but the mens rea is yet to be proved because they do not know his real intentions for killing Mr Guzzetti. They must be able to prove the state of mind of the defendant and facts that make the conduct criminal. Philip leung v the crown 2007. Mr Philip aged 51 is a Sydney jeweller who lives in Alexandria. In 2007, Philip was charged with manslaughter of 72-year old Mario Guzzetti following an alleged argument in their home in which they shared. These two people were married to each other and became gay couples and have lived peacefully together. In 2007, on the seventh of April, Mr Guzzetti was found dead in the home they shared, with leung cradling his bloodstained lover. He pleaded not guilty in the NSW Supreme Court and his case was taken to trial. The first trial took place in 2009. The prosecutors alleged that Mr Leung struck his lover with a juice mixer following a fight that leads to MR Guzzetti’s death. But before he could give evidence, justice Stephen Rothman who was the judge at the trial delivered a not guilty verdict, ruling that the prosecution did not have enough evidence to justify Mr leung committed murder. The prosecution appealed the decision and the court of criminal appeal ruled that the judge had erred and sent the matter back for retrial. Mr leung was then charged with manslaughter instead of murder. A second retrial was held two years later and Mr leung stood trial for Mr Guzzetti’s manslaughter, but the judge on trial Justice Michael Adams also ordered a guilty verdict after the crown’s case was found to have “significant gaps”. Prominent silk Winston Terracini, SC, for Mr Leung, said his client was "devastated" at the ruling and said he was considering an appeal against the decision to the High Court. Winston got the appeal and a retrial was set again which makes it a third trial for the same crime. The court came to a final verdict that Philip leung was found guilty of manslaughter in the NSW Supreme Court on Wednesday, and it signalled one of the most remarkable court cases in Australian legal history. It began five years ago when lung was found at the foot of his stairs, holding his bloodstained lover, Mario Guzzetti who died from severe head injuries. The Sydney jeweller has been tried and acquitted over the same killing and became the first person in history to stand trial over the same killing three times, and was found guilty. The law has effectively balanced the rights of the individuals with that of offenders as both parties have been given equal rights to protect themselves from the law and be affected by the law. The criminal justice system has sufficiently served justice to the deceased Mr Guzzetti and the accused Mr Leung who was sentenced to eight and a half years imprisonment, and will be eligible for patrol in 2020.
On the other hand, the next case Kevin Smith v The State 2011, the actus reus was proven because of how he allegedly assaulted his wife to rape, attempted murder and sexual assault. The mens rea would be easy to prove because they know his initial intentions for assaulting his wife. This violence has been going on since their marriage in 1967, but the incident has not been taken to court for the past 30 years and she has to live with it. They would not have to uncover if he was sane at the time those actions were taken.

Mr Smith had lived with his wife Catherine for nearly 30 years. Catherine on the other hand, had to endure for thirty…