Title: Using the knowledge of principle and rule used by judges to interpret statute, and comment on Derek situation.
The system of law is divided in two parts including Public Law and Private Law or Civil Law. In there, Public Law continuously includes three other areas which are Constitutional, Administrative and Criminal Law. According to Griffiths (2011 p.3), in Law for-Non Lawyer, and Criminal Law is defined as “Certain kind of wrongdoing pose such a serious threat to the good order of society that they are considered crimes against the whole community. The criminal law makes such anti-social behavior an offence against the state and offenders are liable to punishment. The state accepts responsibility for the detection, prosecution and punishment of offenders.” Basing on that definition, the case of Derek should be solved in Constitutional Law area. The reason is that this case refers to the gathering of more than five hundred people who can break order of community and might consume alcohol and after driving with excess alcohol. In this essay, it will provide the brief of Derek ‘case, the relevant rules to the case. It also comments and tries to find the desirable course for the case by discussing on every details of the case. All of discussion will be in objective view.
Brief of the Derek case: Derek who is a Sales Assistant was asked to look after 5-arce smallholding by Ray – the Manager of a builder’s merchant working same workplace with Derek. In Derek 21st birthday, he was going to email a few friends of him to attend his birthday. However, it had some technical error, and then the email was sent to more than 600 people. A neighbouring farmer called the police complaining about the noise. Derek is arrested because of breaching the Prohibition of Unsolicited Parties ( Fictitious) Act 2010.
Prohibition of Unsolicited Parties (Fictitious) Act 2010
Section 1 (1)
This Act applies to a gathering of more than a hundred people on land for a social...
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