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AS and A Level: Criminal Law
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D lied to V by a false representation that he was the owner of the car and he entitled to sell it. Laverty, R v (1970) 3: Obtaining services by deception This is included in the Fraud Act 2006 it tells us that if you obtain services with the wrong information then the person who is blameworthy they would have to pay a fine or they could possibly be jailed. The Actus Reus for deception is that a company orders a service but the service is not available to them.
- Word count: 3000
- Word count: 3000
Assess the impact of the introduction of the Human Rights Act 1998 on the rights of an individual in the UK.
However, the scope of Article 2 is broad and vague and it is unclear as to the duty that is upheld by the state providing social and economic circumstances to uphold the right to life. For example, ECtHR recognises the need for state to impose death penalty. A case in the ECtHR would be Mcgann, Farrell and Savage v UK. In this case, it was held by the court that the information regarding the movement of the suspected terrorists was sufficient hence the shooting of the suspects by the security forces did not violate Article 2.
- Word count: 15780
Sources of the English Legal System and the Relationship between Legislation and Judicial precedent.
and secondly, how the applies to those facts. There are three requirements needed for judicial precedent. They include; the court hierarchy, law reporting, and judgement (ratio decidendi). Court Hierarchy: This refers to the situation whereby the adjudication of a higher court will be binding on a lower court that is in that hierarchy. This simply means that when judges try cases, they will inquire to see if any similar situation has come before the court already. If the precedent was set by a court of higher or equal standard to the court deciding the present case should follow the rule of law entrenched in the previous case.
- Word count: 3810