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University Degree: Criminal law
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- Marked by Teachers essays 34
The need for reform of the old common law on shameless indecency became increasingly urgent in the 1980s and 1990s.
exposure, which the court regarded as a crime against public morals. Upon Lord Justice-Clerk?s analysis of this case, it was found that the crime was dependant on the public quality of the conduct, namely exposure to the public at large even where the locus was technically a private place. The later decision in McLaughlan v Boyd brought confusion to the law on shameless indecency as it provided an ulterior distinction to the law compared to what was held in McKenzie v Whyte. The main question in the appeal was whether the common law crime of lewd, indecent and libidinous practices
- Word count: 2225
Mens Rea of Assault. The issue in this case is whether Matthews admitted actions, which were carried out as a joke, would constitute as a relevant defence to the charge of assault held against him
Advise Matthew on the likely outcome of the case against him. You should not make reference to the law on assault, but focus on the mental element of crime which we have already covered in class. The issue in this case is whether Matthew?s admitted actions, which were carried out as a joke, would constitute as a relevant defence to the charge of assault held against him. The general rule is that before a person can be convicted of a criminal offence it must be shown that the alleged offender committed an act or omission proscribed by the criminal law at the time that the alleged crime or offence was committed.
- Word count: 1997