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Descartes

Essay by   •  February 13, 2011  •  Essay  •  1,952 Words (8 Pages)  •  1,240 Views

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Mr. Jobateh, an African American man in his late forties pleaded not guilty to

attempted murder, toward his white wife, Mrs. Jobateh. He also pleaded not guilty to

aggravated assault against his neighbour, and assault with a weapon, which all happened

November 30, 2003.

The accused admitted to stabbing his wife several times in the kitchen of their

home, which then moved outside the home when Mrs. Jobateh tried to escape. He

claimed that it happened so quickly and that he did not mean to hurt his wife. Mr.

Jobateh also stated, "I was just so angry". He did not listen to his children as they

pleaded with him to stop.

As the children went upstairs to call 9-1-1, Mr. Jobateh still carrying the knife

went upstairs to stop them. Mrs. Jobateh escaped outside and Mr. Jobateh ran after

her and allegedly was trying to stop the bleeding that was coming from her neck.

Although, I did not see the neighbour's testimony, it was said in court that he had

seen Mr. Jobateh standing over his wife with the knife still in his hand. Once Mr. Jobateh

had noticed his neighbour, he went after him with the knife, which the accused denies

ever happening but the neighbour felt threatened by Mr. Jobateh.

Section of the Criminal Code: 03-G13477

Nature of Offence: First Count: Attempted Murder 239 CCC

Second Count: Aggravated Assault 268(2) CCC

Third Count: Assault with a Weapon 267(a) CCC

Level of Court: Provincial Superior Court of Appeals

Key Players:

1. The accused: R.V. Kebba Jobateh

2. The judge: The Honorable Mr. Justice Morin.

Responsibilities: a) Finder of Facts

b) Finder of Law

3. The Crown's Attorney: V. Bair.

Responsibilities: a) The court

b) Represents the Crown or the government.

c) Prosecutes criminal cases.

d) Presents evidence to the jury and the judge.

4. The Defense Attorney: M. Smith.

Responsibilities: a) The court

b) Challenges the admissibility of the Crown's evidence.

5. The Registrar/Court Clerk: M. Warburton.

Responsibilities: Keeps court procedures run smoothly.

6. The Constable: Mr. Beauchamps

Responsibilities: The judge.

7. The CSO/ Courtroom Officer: Mrs. Hatton

Responsibilities: Keeps judge, witnesses, and jury safe.

8. The Stenographer: Mrs. Scott

Responsibilities: Keeps a report of the court case.

9. The Jury: Twelve people from society.

Responsibilities: a) Finders of fact.

b) Making a decision of guilty or not guilty.

The first day of court on October 7, 2005, was postponed after waiting an hour

and fifteen minutes because the jail was having problems. The trial was re-adjured

October 11, 2005. After waiting for the accused to arrive, the defense counsel asked the

judge for extra time to go over the evidence with his client due to lack of time. The judge

granted them one hour. Upon returning the judge granted the defense counsel an extra

day. The court clerk had given all the students descriptive details about the crime that

had been committed. He demonstrated the exhibits of the victim, the place in which the

crime occurred, and the accused once in custody.

On October 12, 2005, Mr. Jobateh took the stand. The Crown briefly discussed

his history and then proceeded to quotes that he had made during the interrogation

process. The defense did not have any cross examination. During the closing arguments,

the defense attorney addressed the jury first. He pleaded to the twelve members to find

his client, Mr. Jobateh innocent on all three counts. He had made very interesting and

convincing arguments.

After the defense attorney was completed, the Crown's attorney pled with the jury

to find Mr. Jobateh guilty of all three counts, because according to her, "The evidence

speaks for itself".

On October 13, 2005, the judge addressed the jury and gave them their rights as a

juror. He gave the jury his view of the entire case, and gave them a brief description of

what was said by each witness.

On October 14, 2005, the jury did not come up with a verdict. As a couple of

students

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