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Crim Law Quiz 8
Crim Law Quiz 8
- The conviction for frustrated murder with respect to Jervin may not be accurate as Francisco
consistently missed when firing at Jervin. However, the convictions for reckless imprudence
resulting in homicide as to Pining Garcia and physical injuries to Jack Cole could be justified, as
unintended harm resulted from Francisco's actions. The specific circumstances and legal
elements must be carefully examined to provide a more detailed analysis.
2.Salba Kuta already had three (3) previous convictions by final judgment for Theft when he was
found guilty of Robbery with Homicide. In the last case, the trial judge considered against the
accused both recidivism and habitual delinquency. The accused appealed and contended that in
his last conviction, the trial court cannot consider against him a finding of recidivism and, again,
of habitual delinquency. Is the appeal meritorious?
- The appeal may not be meritorious. Recidivism involves the commission of a crime after the
accused has been convicted and final judgment has been rendered. In this case, Salba Kuta
already had three previous convictions for theft by final judgment, establishing recidivism.
Habitual delinquency, on the other hand, considers the accused's propensity to commit crimes
based on multiple convictions.
Given Salba Kuta's history of three previous convictions, the trial judge was within reason to
consider both recidivism and habitual delinquency in the last case. The appeal may lack merit
based on established legal principles related to recidivism and habitual delinquency.
3. Bernard Walters, an American Consul assigned at the American Embassy located at Roxas
Boulevard, Manila, had an argument with Karina Obama, the American Ambassador. The
argument between them became so heated, that Bernard even drew a knife and with it stabbed
Karina while they were inside Karina’s office at the Embassy. Philip came to the rescue of the
Ambassador and pacified Bernard. Karina Obama suffered a stab wound at her stomach. Does
our country have jurisdiction over the person of Bernard Walters and the crime that he
committed? Explain fully.
The extent of jurisdiction would depend on factors such as the nature of the crime, the level of
immunity provided, and any agreements between the countries involved. The host country might
choose to prosecute if it deems the act severe enough to warrant jurisdiction despite diplomatic
immunity. However, it's crucial to consider the specific legal arrangements and diplomatic
agreements in place between the Philippines and the United States in this scenario.