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  • Crim Law Quiz 8

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    Jasmine Ecullada
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    1. Francisco fired shots at his enemy Jervin who was hiding behind a tree, missing each time. However, two bullets killed Pining Garcia who was sitting nearby and one bullet injured Jack Cole, requiring two weeks to heal. Francisco was convicted of frustrated murder against Jervin and reckless imprudence resulting in homicide of Garcia and injury to Cole. 2. Salba Kuta had three prior theft convictions and was convicted of robbery with homicide. In this last case, the judge considered recidivism and habitual delinquency against Kuta due to his criminal history. Kuta appealed that these could not be considered again but the appeal may not be meritorious given the principles of recidivism and habitual delinqu

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    1. Francisco fired shots at his enemy Jervin who was hiding behind a tree, missing each time. However, two bullets killed Pining Garcia who was sitting nearby and one bullet injured Jack Cole, requiring two weeks to heal. Francisco was convicted of frustrated murder against Jervin and reckless imprudence resulting in homicide of Garcia and injury to Cole. 2. Salba Kuta had three prior theft convictions and was convicted of robbery with homicide. In this last case, the judge considered recidivism and habitual delinquency against Kuta due to his criminal history. Kuta appealed that these could not be considered again but the appeal may not be meritorious given the principles of recidivism and habitual delinqu

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    7 views2 pages

    Crim Law Quiz 8

    Uploaded by

    Jasmine Ecullada
    1. Francisco fired shots at his enemy Jervin who was hiding behind a tree, missing each time. However, two bullets killed Pining Garcia who was sitting nearby and one bullet injured Jack Cole, requiring two weeks to heal. Francisco was convicted of frustrated murder against Jervin and reckless imprudence resulting in homicide of Garcia and injury to Cole. 2. Salba Kuta had three prior theft convictions and was convicted of robbery with homicide. In this last case, the judge considered recidivism and habitual delinquency against Kuta due to his criminal history. Kuta appealed that these could not be considered again but the appeal may not be meritorious given the principles of recidivism and habitual delinqu

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 2

    1. Francisco met and pursued his enemy Jervin, who took cover behind a tree.

    Every time that


    Jervin showed his head, Francisco fired at him but missed. Two bullets hit and killed Pining
    Garcia, who was seated at a nearby store and one bullet hits Jack Cole in the left thumb,
    causing injuries that required two weeks to heal. Three sets of information were filed against
    Francisco one for frustrated murderwith respect to Jervin; one for reckless imprudence
    resulting to homicide as to Pining Garcia and one also for reckless imprudence resulting to
    physical injuries as to Jack Cole. Francisco was convicted in the three cases. Are the
    convictions correct? Explain.

    - 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 principle of extraterritoriality generally applies to foreign diplomatic missions, granting


    them immunity from local jurisdiction. However, serious crimes committed by diplomatic
    agents, such as murder or attempted murder, may lead to a waiver of immunity.
    In this case, Bernard Walters, an American Consul, committed a serious crime (stabbing Karina
    Obama) within the American Embassy in Manila. The host country, in this instance the
    Philippines, may assert jurisdiction if the sending state (United States) does not waive
    diplomatic immunity or if the crime falls outside the scope of immunity protection.

    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.

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