,petitionerLMC| Group 1GOLDILOCKSPEOPLE OFENCHANTED FOREST,vs. respondentTo view this presentation, first, turn up your1

FACTS:

On December of 2004, Goldilocks, a five-year-old child, entered into the house of the Baer family to take shelter as it was bitterly cold and rainy on that day. While inside the house, Goldilocks allegedly ate the food of the Baer family and broke a chair. A charge of criminal trespass was then brought before the Regional Trial Court against Goldilocks. After trial, the Regional Trail Court found Goldilocks of the crime charged.

ISSUES3

CIRCUMSTANCEDUEPROCESSJUSTIFYING MINORITYISSUES3

THE RTCREFUSING to

ERRED inALLOWthe ACCUSED, GOLDILOCKS,to INTRODUCEEVIDENCEin SUPPORTof the DEFENSES ofNECESSITY&LACK OFCAPACITY

2THE RTCERRED innot CONSIDERING thatthe ACCUSED is aMINOR,THUS,is UNABLEto FULLYDISCERNher ACTof ENTERINGinto the HOUSEof theBAERSwithoutPERMISSION

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THE RTCERRED innot CONSIDERING thatthe TERRIBLEWEATHERCONDITIONSthat DAYCOULD HAVEFORMED aWELL-FOUNDEDBELIEF onthe PARTof the ACCUSEDthat SHE was inDANGERThe next rule is: Help them see what you are saying.11

DISCUSSIONSON THE ISSUSES

DUE PROCESS

CRIMINALTRESPASS?EFFECT OFADMISSION

The crime of Criminal Trespass is statutorily defined as the act of KNOWINGLY and WILLINGLY entering onto the property of another without the owners permission. A conviction for the said crime may only be had if it be proven beyond reasonable doubt that the accused entered into anothers property with clear intent and full discernment.

Although Goldilocks admitted that she entered the Bears house without their permission, the same does not divest her the right to due process and present evidence on her behalf.

The Regional Trial Court, in not allowing Goldilocks to introduce her evidences on the defenses of necessity and lack of capacity, clearly prevented the accused from casting a shadow of doubt to the prosecutions case. A shadow of doubt that could have led to her acquittal.

ONMINORITY

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Criminal Trespass is the act of KNOWINGLY and WILLINGLY entering onto a property of another without the owner's permission. A minor is a person who is under the age of legal competence. A minor is presumed to be incapable of criminal activity.A minor (Goldilocks) in the case at bar, lacks discernment- the quality of being able to know, grasp, and comprehend intelligently what is good or bad; or what is lawful or unlawful.

In the case of Enchanted Forest v. Hansel and Gretel, Gr. No. 13579, the Court overturned the conviction of trespassing of two three year-old children on the ground that given the young age of the children, they could not possibly discern the fact that they may have entered a private property. Goldilocks, at her tender age, lacks capacity to know, grasp, and comprehend that entering the property of another without the consent of the owner is unlawful.

In the case of Enchanted Forest v. Big Bad World, Gr. No. 24680, a conviction for criminal trespass is upheld upon proof that the accused had CLEAR INTENTION TO ENTER THE PROPERTY AND TO CAUSE DAMAGE THEREON.In the case at bar, the mere presence of a broken chair does not prove a clear intention (intent) on the part of Goldilocks to cause damage on the Baers property. Absent any proof that Goldilocks did intent to enter and cause damage to the Baers property, the conviction for criminal trespass should not be upheld.

JUSTIFYINGCIRCUMSTANCE0

Goldilocks, in the state of Necessity, in her pliant, tender very young mind, thought that she will get sick or even die because she was not wearing her boots, a typical thinking of a minor, a child under distressing circumstances (a bitterly cold and rainy day).

Goldilocks in the act of self-preservation due to her distressing circumstances, unknowingly entered onto the property of another without their consent, should not be punished gravely for the act she doesn't know or comprehend to be illegal, unlawful, and against the law.

Any writer or designer will tell you that 90% of the creative process24

In view of the foregoing arguments, the accused must be acquitted.

is destructive.25