Media Report Analysis
The article report is concerned with the prosecution of Matthew Silvestro for intentional harm of his partner, and domestic violence acts against his spouse. The accused is alleged to have injured his wife due to careless driving that resulted in the demise of the unborn child, consequently a successful escape of the son unhurt. In the media report, the accused is bleed guilty of the offence and was charged a fine of $ 8000 and a driving suspension for two years imposed. However, Ms Vanessa De Bari felt the accused was not punished appropriately.
Dangerous driving law
Driving in Australia qualifies as a privilege and not a right in Australian law. Matthew Silvestro committed an offence since the act of causing injury to her spouse, and the death of the unborn, though not recognized by law as human, resulted due to dangerous speeding. Mathew Silvestro faces criminal charges for dangerous driving. The drivers’ seat is a significant place in ensuring the safety of persons on board since the driver is under control and should operate the car carefully. The offence is dangerous driving because Matthew Silvestro turned the vehicle into the path of another vehicle breaking the driving and road user’s rules1.
Criminal law
Matthew Silvestro breached the driving common codes; thus, he allegedly committed a crime that adds up to a criminal offence. From a law perspective, the act relates to criminal law. The driver bleeds guilty and is charged with a fine and a driving suspension. The judgment reflects the criminal aspect of the offence.
Domestic violence law
The media report also captures some aspects of domestic violence law. This is evident when Ms Vanessa De Bari asserts that she tried, but in vain to seek separation from her partner Matthew Silvestro. This failure has been due to the threat of violence from his spouse2. As such, it indicates the issue of domestic violence. About Australian law, domestic violence is an act that results in an injury or harm to a spouse or marriage partner.
Functions of the law
Allows people to plan and organize
Driving common codes allow drivers to organize and plan their driving techniques. The codes highlight drivers’ expectations and the rules that should be followed while driving.
One outstanding example from the article is Matthew Silvestro careless driving. The driving codes explains that drivers should not be negligent, reckless, and not under the influence of drugs or alcohol. This allows drivers to plan and organize their driving to eliminate committing such issues. Matthew actions exhibit careless, reckless, and negligent driving issues that are excluded in any driving exercise.
Encourages or discourages particular activities
This aspect of the law is best illustrated by the prosecution of Matthew Silvestro. It is alleged that his careless driving and failure to exercise due care in driving the car constituted an offence. Therefore, when the law criminalizes such behaviour, the law performs its function of forbidding and discouraging these particular activities by drivers. The two-year suspension and the fine of $8000 serve to discourage dangerous driving by drivers.
Creates rights and duties that can be enforced
Matthew Silvestro careless driving is a notable example. The incidence creates a future right for the person on board to be driven with caution and care. On the other hand, drivers get corresponding duties of driving carefully since they are under the control of the car. In addition, the drivers must adhere to the common driving codes.
Provides remedies when rights are interfered with, or duties are not discharged
Due to dangerous driving, Matthew Silvestro caused injury and harm to her partner Ms Venessa De Bari. Consequently, the Australian dangerous driving law provides Ms Venessa with a remedy. She receives a monetary remedy amounting to $119.20 equivalent to the costs incurred in medication.
Importance of the law in these circumstances
The drivers should be aware of their duties and obligations. This is because in law ignorance is not an offence. However, in this context, Matthew Silvestro was aware of his duties but decided to be negligent and reckless. Therefore, drivers understand the concept of law to establish the extent of their responsibility in terms of rights and duties to eliminate committing such offences. Furthermore, it gives an insight into the possible remedies in case of such an offence3.
Case analysis
The case was reported in Joondalup Magistrate’s Court. The Western Australian State Supreme Court will treat the decision by the court as binding. This is because the act amounts to negligence and recklessness. The name of the judge who heard the case is Brian Glustein. The full names of the parties are Mr Matthew Silvestro and Ms Venessa De Bari. Mr Matthew is called the accused since he committed the crime, while Ms Venessa is the accuser since she is the one complaining.
The material facts provided in the case are dangerous driving by Silvestro, which resulted in grievous body injuries and permanent head damage. This is coupled with the death of the unborn child. The legal issue to be decided in the case involve whether dangerous driving caused serious injuries. The court decides that Silvestro was guilty of the offence. The reason given by the magistrate about the reported case is that the incidence was a momentary lapse, hence attracting a fine and driving suspension. There are no precedents in the case, but precedents from other jurisdictions are helpful since they set a foundation for the judgment.
Bibliography
Brody, David, Acker, James and Wayne Logan. Criminal law. Gaithersburg, Md.: Aspen Publishers, 2001.
Lambiris, Michael. First-principles of business law: interactive tutorials & sourcebook. Sydney, N.S.W.: CCH Australia, 2012.
Young, Lisa, and Geoff Monahan. Family law in Australia. 7th ed. Chatswood, N.S.W.: LexisNexis Butterworths, 2009.
Footnotes
- Michael, Lambiris. First principles of business law: interactive tutorials & source book. 2012 ( Sydney, N.S.W.: CCH Australia, 2012).
- David, Brody, James, Acker and Logan, Wayne. Criminal law. (Gaithersburg, Md.: Aspen Publishers, 2001).
- Lisa, Young and Monahan, Geoff. Family law in Australia. 7th ed. (Chatswood, N.S.W.: LexisNexis Butterworths, 2009).