...Criminal Case Case: R v Gittany Facts: Lisa Cecilia Harnum’s body fell from her shared high-rise apartment in the Sydney CBD minutes after trying to leave her abusive fiancé Simon Gittany. Gittany has had a dark past being associated with violence, drugs, having an uncontrollable temper and committing several criminal offences which included biting off parts of a policemen’s ear and selling cocaine. Gittany claims Harnum either slipped or deliberately fell to her death. Gittany had ‘bugged’ Harnum’s cell phone reading all her text messages and emails as well as listening to all her calls. When he discovered his fiancé was seeing a councillor he physically threatened her that if she saw his fiancé again he will “harm [her].” The day of Harnum’s...
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...Case Study: The Simon Gittany Murder Case Word count: 1543 Type of Homicide Simon Gittany was charged with the murder of Lisa Cecilia Harnum on 30 July 2011, was later found guilty on 27 November 2013 and sentenced to 18 years imprisoned without parole. At the time of Lisa Harnum's death, she and Simon Gittany were living together and were engaged to be married. Their apartment was on the 15th floor of a block of apartments in Sydney. Miss Harnum fell to her death from the balcony of that apartment. Simon Gittany was found to have deliberately lifted Miss Harnum over the balustrade and "unloaded" her body over the edge where she then fell to her death. The type of homicide featured in this case was murder. The intention to kill was formed quickly in a state of rage. It was not proven to be premeditated, there was a witness who came forward late in the trail stating that Lisa Harnum had spoken with her about receiving threats of murder from Simon Gittany this evidence was not included in the trail. The judge said with regards to Simon Gittany’s intention to kill Lisa Harnum “On the basis of my inspection of the balcony during the course of the trial, and in particular its height from the ground below, I am satisfied beyond reasonable doubt that the act of unloading the body from that height can only have been done with the intention of killing Ms Harnum”. (AustLII 2015) Main Characteristics of the Offender The offender Simon Gittany was 40 years old, he is one...
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...The jury system in a criminal trial process determines whether the accused is guilty or not guilty rather than the judge. There is generally 12 members but under the Jury Act 2006, 15 members are required for a lengthy criminal proceeding. In order for the jury to operate properly they must abide by the Jury Act 1977 (NSW). This makes the jury more reliable because it allows the defendant to have a fair trial by selecting ordinary people from electoral rolls and must uphold the community’s current values and standards. Further, trial by jury is a fundamental right that aims to draw strength and credibility from a number of individuals. This ensures there is no abuses of state power through the determination of whether an offender s guilty or...
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