Find either or both of them liable for an offence

Assignment Help Other Subject
Reference no: EM131906707 , Length: word count : 2000

Scenario

Fictitious Playing Loud Music in Public Places Act 2016 Offences.

S. 1(1) It is an offence for a person-

(a) to play amplified music in a public place between the hours of 12.00am and 9.00am

(b) to play loud music above the permitted level in a residential area at any time

S.2 A person found guilty of an offence under (a) (b) or (c) above shall be liable

(a)on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding three months, or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Definitions

S.56

‘Public place'recreational parks, shopping centres, high streets, civic buildings

‘residential area' such residential area as comprises at least 10 residences

‘Permitted level'The permitted noise level using A-weighted decibels (the unit in which environmental noise is usually measured) is:

• 34 dBA (decibels adjusted) if the underlying level of noise is no more than 24 dBA

• 10 dBA above the underlying level of noise if this is more than 24 dBA

Tina was travelling on the underground at 12.00am. She was playing music through her mobile phone with her headphones on. The person sitting next to her complained that the music was so loud, it gave her a headache. She asked Tina to turn it down. Tina refused.

The next day, after she finished work at about 5.00pm, Tina went to her bedroom and turned on her television. She was watching the programme ‘Dance DanceDance' on the TV. Her windows were open and the volume was on maximum. She went downstairs to make something to eat and turned the TV on downstairs too. She opened the back doors and went into the garden.

Her neighbour, Alfred, tried to get Tina's attention over the garden fence to complain about the noise. Tina did not hear Alfred at first but then she saw him and went over to him. He asked Tina to turn down the TV volume, as he claimed it made his floors rattle and the vibrations were so strong that his cup of tea fell off the table. Tina refused to turn down the volume on her TV.

Later that evening, at about 8.00pm, Tina drove to her friend's house along the A414. She was playing loud music in her car. As she stopped at traffic lights, someone in the car next to her shouted out of their window that Tina's music was too loud and she should turn it down. Tina ignored them and continued playing her music.

Rudolf is arranging a live music event at the ‘Factory Warehouse' in Aldham. The Factory Warehouse is on an industrial estate. The event will run from 11.00pm to 3.00am and he is expecting a large number of people. Entry is by ticket only. Live and recorded music is played at the event. At 1.30am, Esther who is a security guard at Pronto Storehouse, is walking around the site, which is adjacent to the Factory Warehouse. She complains to Rudolf that the music is too loud and asks him to turn it down. Rudolf refuses.

Question

Applying the rules of statutory interpretation, including the use of intrinsic and extrinsic aids, advise Tina and Rudolf whether a court is likely to find either or both of them liable for an offence under the Fictitious Playing Loud Music in Public Places Act 2016.

Word Limit: 2,000 words excluding footnotes and bibliography.

Reference no: EM131906707

Questions Cloud

Discuss and evaluate the diverse roles of judges : Discuss and evaluate the diverse roles of judges, prosecutors, defense counsel, and other courtroom personnel.
Chemiosmosis in mitochondria and chloroplasts : And what are similarities and differences for chemiosmosis in mitochondria and chloroplasts?
Differences in direct and indirect distribution channels : Define what a distribution channel is and discuss why it is important to the marketing process. Discuss the differences between direct and indirect distribution
How are electrons and h atoms involved : Understand oxidation and reduction as paired processes. How are electrons and H atoms involved? Why is oxygen an oxidizing agent?
Find either or both of them liable for an offence : Find either or both of them liable for an offence under the Fictitious Playing Loud Music in Public Places Act 2016.
Fundamental role that atp plays in powering cell functions : What are the fundamental role that ATP plays in powering cell functions? What are the functions of catabolism?
What forms can energy take : What forms can energy take? How are they related to the laws of thermodynamics?
Write an article analysis on the assigned topic : Write an article analysis on the assigned topic: Article analysis Topic: Hilton HHonors world wide loyalty war (By John Deighton & Stowe shoemaker).
What temperature will the thermometer reach for the roast : What temperature will the thermometer reach for the roast to be done the way the student likes it?

Reviews

Write a Review

Other Subject Questions & Answers

  Cross-cultural opportunities and conflicts in canada

Short Paper on Cross-cultural Opportunities and Conflicts in Canada.

  Sociology theory questions

Sociology are very fundamental in nature. Role strain and role constraint speak about the duties and responsibilities of the roles of people in society or in a group. A short theory about Darwin and Moths is also answered.

  A book review on unfaithful angels

This review will help the reader understand the social work profession through different concepts giving the glimpse of why the social work profession might have drifted away from its original purpose of serving the poor.

  Disorder paper: schizophrenia

Schizophrenia does not really have just one single cause. It is a possibility that this disorder could be inherited but not all doctors are sure.

  Individual assignment: two models handout and rubric

Individual Assignment : Two Models Handout and Rubric,    This paper will allow you to understand and evaluate two vastly different organizational models and to effectively communicate their differences.

  Developing strategic intent for toyota

The following report includes the description about the organization, its strategies, industry analysis in which it operates and its position in the industry.

  Gasoline powered passenger vehicles

In this study, we examine how gasoline price volatility and income of the consumers impacts consumer's demand for gasoline.

  An aspect of poverty in canada

Economics thesis undergrad 4th year paper to write. it should be about 22 pages in length, literature review, economic analysis and then data or cost benefit analysis.

  Ngn customer satisfaction qos indicator for 3g services

The paper aims to highlight the global trends in countries and regions where 3G has already been introduced and propose an implementation plan to the telecom operators of developing countries.

  Prepare a power point presentation

Prepare the power point presentation for the case: Santa Fe Independent School District

  Information literacy is important in this environment

Information literacy is critically important in this contemporary environment

  Associative property of multiplication

Write a definition for associative property of multiplication.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd