Considerations for sentencing
Reliance upon deterrence theory:
“There is an overwhelming obligation on sentencing courts to do what they can to ensure the protection of the public, whether in their homes or in their businesses or in the street and to protect the homes and businesses and the streets in which they live and work. This is an imperative. It is not, of course, possible now, after the events, for the courts to protect the neighbourhoods which were ravaged in the riots or the people who were injured or suffered damage. Nevertheless, the imposition of severe sentences, intended to provide both punishment and deterrence, must follow. It is very simple. Those who deliberately participate in disturbances of this magnitude, causing injury and damage and fear to even the most stout-hearted of citizens, and who individually commit further crimes during the course of the riots are committing aggravated crimes. They must be punished accordingly, and the sentences should be designed to deter others from similar criminal activity.” R v BLACKSHAW AND ORS  EWCA Crim 2312.
Is any sentence of imprisonment is compensatory. Reformation in Prison? The above reason for harsh punishment is no reason at all. In such cases even people who were induced by temporary greed are lured to pick things up. They cannot always be distinguished from those who started riot.
Considerations for Sentence for theft or Burglaries
Deliberations for sentencing:
“Either with a record of offences of dishonesty, or who engages in sophisticated law breaking, will attract a custodial sentence. It is in relation to the length of that sentence that the aggravating and mitigating features which we have earlier identified will come into play, as will the personal mitigation of the offender, who may appropriately, in accordance with Ollerenshaw  1 Cr App RS 65, be dealt with by a somewhat shorter sentence than might, at first blush, otherwise have seemed appropriate.”
“in relation to more serious offences, there will be some for which a sentence within the range of 12 months to 4 years will be appropriate and there will be others for which a sentence of considerably more than 4 years, up to the maximum, may be appropriate. In this regard, the factors to be taken into consideration will include whether an offence is committed in the context of a business, whether the offender is acting as an organiser or distributor of the proceeds of crime and whether the offender has made himself available to other criminals as willing to handle the proceeds of thefts or burglaries.” (See: Webbe & Ors, R. v  EWCA Crim 1217 02 May 2001.)
On 25th October the Reserve Bank has again raised the Repo rates by 25 BP. Thus the Repo Rate Now stands at 8.5%. It is the highest anywhere in the world. The Rupee has reacted sharply to this and there has been an appreciation of Rupee by over 2% in a single day on 28th October 2011.
The reason for this increase and the past increases as well is stated to be that it will contain inflation. I find it illogical. For two reasons:
1. The depreciation of Rupee by 10% in past about a month itself had been inflationary.
2. The increase in repo rate by the Reserve Bank itself is inflationary. The Repo rate is the base lending rate for the Banking Industry. If lending rate goes up, it carries with it the cost of production as it is also an input component for goods produced.
I am no economist but I do not feel it right. It is compounded by the fact that same medicine which has already been administered by the Reserve Bank for many times in the past one year has not produced any result. I wish this persistence may bring some tangible result this time.
© Sandeep Bhalla
Mens rea, Motive or Intent.
Citation. 1 All E.R. 41 (H.L. 1974).
Brief Fact Summary: Defendant was convicted of murder for deliberately setting fire to a house which resulted in the death of two occupants. Defendant argues he lacked the requisite intent for murder.
Ratio: The fact that Defendant was not certain who, if anyone, was present in the house was irrelevant when he undertook actions that could cause grievous bodily harm.
Explanation: Defendant’s actions had to rise to a level where grievous bodily harm would endanger life. The Court found that to redefine the statute was the legislature’s responsibility and not the courts. However, based on the common law in place and statutory scheme, the court ruled that the Defendant’s conviction would stand
Facts: The Defendant set fire to a house by pouring about half a gallon of gasoline through a letter box of the house and lighting it on fire. Four people were asleep in the house. Two made it out, two young girls died in the fire. The jury was instructed that the intent to do grievous bodily harm was sufficient to convict for murder. The Defendant was convicted of two counts of murder. The Defendant appealed, arguing that he did not foresee the deaths of the individuals and the crime of murder required an intent to endanger an individual’s life, not just an intent to do grievous bodily harm.
Held: Malice aforethought is defined as an intent to cause the death of, or grievous bodily harm to, a person, whether such person is actually killed or not.
If for example, an individual set a bomb to go off at a certain time in a public street, he intends to injure someone. The fact that he was not certain that anyone would be around at the time the bomb went off is irrelevant, the fact is that he intended to cause some sort of injury which is sufficient.
In the case at bar, it was apparent to the court that setting fire to a dwelling during the early morning when individual were likely to be present was sufficient to demonstrate an intent to do grievous bodily harm.
When one person, in managing his own affairs, causes, however innocently, damage to another, it is obviously only just that he should be the party to suffer.
[Full judgement: Rylands v Fletcher  UKHL 1 17 July 1868.]
Message appears saying that an application needs the default keyring password in order to run but I didn’t enable or enter a password for the keyring
This is more true in case you are using Ubuntu One online sync. The remedy provided is that you simply delete the login keyring.
Step-1: Ubuntu main menu -> Applications -> Accessories -> Passwords and Encryption Keys
Step-2: In Passwords tab, right click Passwords: login. In the menu select Delete … option.
via [SOLVED] Default keyring password? – Ubuntu Forums.
Actually this demand is from UbuntuOne sync daemon. This may not work in Precise Pangolin.
Cat calling kettle black
Kiran Bedi was accused of corrupt practices by charging her sponsors for executive class fare but actually traveling in economy class.
Her defence is:
“Trustees have instructed the travel agent to return the balance amounts forthwith. They have already passed a resolution directing me to travel strictly as per invite. This leaves no room for discretion,”
“the travel agent Anil Bal, who is also a trustee of the Foundation, was handling the travel account and has been asked to return the money.”
Allegations were leveled against Bedi that she overcharged hosts by inflating her travel bills and that she availed discounts on air tickets using her gallantry medal. She defended herself saying she did not personally benefit and that the money thus saved went to the Foundation. (See: Bedi to return money charged from sponsors, detractors unmoved).
We have heard the story of cat calling kettle black. But what to do if everybody is black? Honesty is about having opportunity to be dishonest and yet remaining honest. It is certainly not honesty, to restore the booty, when caught.
Say hello to the mini-SUV, a first-of-its kind vehicle in India – and perhaps the world – that utility vehicle major Mahindra & Mahindra (M&M) is developing with Ssangyong, the South Korean SUV maker it acquired last year.
Codenamed the S101, the ‘Nano’ SUV – as it is being dubbed by some workers on M&M’s shop floors – will be powered by 1-1.2 litre petrol engines and 1.5-litre diesel engines. The car is being developed at M&M’s plant in Chakan on the outskirts of Pune – where the newly launched XUV500 is also being produced. The estimated price is between Rs 3 lakh and Rs 4 lakh. (via Mahindra to do a Nano.)
Added on 24th July 2012:
Where is the vehicle. Was it a myth or just some marketing gimmick?