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University Degree: Criminal law
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The answer seems to be the affirmative. The principal can raise defences to decrease his conviction to manslaughter, but they have a small chance to succeed. For instance, the defence of loss of control requires a qualifying trigger (as described in Coroners and Justice Act 2009, s55), the gross negligence manslaughter requires a duty of care, whereas diminished responsibility requires an abnormality of mental functioning (Coroners and Justice Act 2009, s1) and none can be satisfied in this case. Hence, the principal will be convicted of murder.
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These policies in the last fourteen years are the focus of this paper. Background information The changes in handling crime among juvenile offenders from the perspective of its cause in the recent past began with the fight against drug abuse. One of the policies that have been introduced in the criminal justice system is the criminalisation of drug abuse. This policy has resulted in increased utilisation of harsh disciplinary measures imposed on those accused of drug-related crimes and remarkable rises in incarceration rates (Marshall, 1996).
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Should reckless transmission of HIV be decriminalized? And should an individuals failure to disclose HIV status be capable of vitiating apparent consent to sexual intercourse for the purposes of a charge of rape?
The victim has not given consent to run the risk of becoming HIV positive. These decisions were directly contrary to the decision in Clarence3, whereby it was decided that a harm could not be 'inflicted' in the course of consensual sexual intercourse.4 However, even Lord Justice Judge in his judgment in Dica conceded that "in every case where these issues arise, the question whether the victim did or did not consent to the risk of a sexually transmitted disease is one of fact, and case specific",5 illustrating the apparent grey areas regarding this topic and thus the need for judge discretion.
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Causation. When looking at the death of the Sarah there are a number of issues to look at in order to determine who was responsible for her death. Martin could be the cause of her death as he dug the hole in the path
Therefore his act did not cause her death and so he was not liable for her murder . The fact that the factual causation is established does not necessary mean the defendant is the legal cause of the death. The link between the act and the consequence is known as the chain of causation, if the chain is broken then the defendant would not be the cause of the victim's death. Legal causation is proven by establishing that no facts of either the victim themselves or a third party intervene and brake the chain of causation. Negligent medical treatment may break the chain if it is palpably wrong shown in R v Jordan .
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In relation to AR, factual and legal causation must be proved. Factual causation can be established by asking "but for D's act, would the result of deaths have occurred?" (Dalloway,3 White4)5. In this case it is clear that but for Alan's shooting these deaths would not have occurred. In terms of legal causation, it is necessary to explore whether any event or intervening act by a third person broke the chain of causation started by D. Such an intervention could provide Alan with a defence.
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Sinclair to consult with his lawyer again.3 Eventually, Mr. Sinclair implicated himself in the murder and was subsequently put in a cell with an undercover officer. There, he made additional incriminating statements to the undercover officer and later volunteered to participate in a re-enactment of the crime.4 Procedural History At trial, counsel for Mr. Sinclair argued that the police refusal to allow additional consultations with his lawyer was a breach of s.10(b) of the Canadian Charter of Rights and Freedoms.
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The way in which the concept of appropriation under the Theft Act 1968 has been interpreted by subsequent case-law is unsatisfactory from both a practical and theoretical point of view. Discuss.
covered by the Larceny Act 1916 as were considered about reviewing this area of the law.6 The Criminal Law Revision Committee Appended to its 8th Report, Titled Theft and Related Offences, 1966 and there was along with this report a draft Bill which was passed by Parliament after some amendments.7 This Bill became known as the Theft Act 1968. This Act was a new code which jettisoned the existing the previous law creating a new range of offences which were constructed as far as possible in plain and simple languages to avoid unnecessary technicalities and complexity that had been a major feature of the old law.8 The Theft Act 1978 was passed to replace section 16 (2)
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In English Law What Is Meant By: A) Intention B) Recklessness C) Negligence Why Has There Been Uncertainty Surrounding The Appropriate Meaning To Be Attributed To These Words?
The Court of Appeal ruled foresight of virtual certainty is not intention but evidence from which intention can be inferred. However, a jury may find that the defendant saw the victim's death as virtually certain and still not consider that as intention, which seemed unjust. Therefore, in the case of Woollin6, D claimed by throwing his child across the room in a fit of rage, the death wasn't intentional. The trial judge directed the jury that they may infer intention if they believed when the D threw the child he appreciated there was a, "substantial risk",7 that he would cause serious harm of the child, to which the jury found so and D was convicted.
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On the 9th December PC Elizabeth stopped and search Mr Cromwell in the high street in Chelmbridge which is under Section 1(2) of PACE, a police officer may search a person or vehicle if he has reasonable ground for suspecting that he will find or possessi
stolen or prohibited articles. "Prohibited articles" comprise offensive weapons and articles made or intended by the persons carrying for use in connection with burglary, theft, taking vehicles or obtaining property by deception2. By looking at Pace Code A Para's 2.2-2.11 stated that reasonable suspicious must be based on the fact such as suspect behavior, the time and location but its must never be based on race, ethnic background, religious, previous convictions and appearance3 from the facts it is difficult to establish whether reasonable suspicion has been based on anything other than suspect behavior.
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Integrated Theory of Delinquent Behavior Delbert Elliott, Suzanne Ageton, and Rachel Canter combine strain theory, social control theory, and social learning theory to explain delinquency within the lower and middle classes. Elliott and his colleagues assert that all youths experience issues with strain, social control, and association with delinquent peer groups regardless of class; however, the types of issues differ slightly depending on social class depending on class expectations or aspirations (Fuller, 2010, pg. 106). This theory is attractive to those who study delinquency because it greatly expands the range of variables under consideration and attempts to understand multiple paths to delinquency.
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In the late eighteenth century, and very similar to more recent times, conservatism looked towards keeping things the same with very slow and gradual change. If there were any hints of a reform or change, then it would have to go along with traditions and continuum. The liberal approach both favours and tends to support radical change, within their ideological principals. Here it can be considered that the conservative view is more of a direct strength, in that within society there needs to be a continual flow of policies and not so much radical change, the ideology also supports the
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In the past, history books and teachings have shown that America has had a violent society. Still remembered today are the crimes against the Native Americans and the idea behind the Wild West and gun slinging. From this early date to recent times, American citizens have a constitutional right within the legal requirement to own and carry guns. It is argued that this is the reason as to why gun crime levels are so high in the States, although the opposition argue, that Switzerland has similar gun laws and allowances, but gun crime is not one of their largest problems.
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Due to the lack of clear evidence, I assert that the possibility of human error, the destructiveness of killing and access to other means of punishment, unquestionably overshadows the deterrence effect of capital punishment. Deterrence vs Brutalization Theory Those who support the deterrence theory often refer to empirical research which allegedly proves the deterrence effect of capital punishment, but this research is flawed and overshadowed by evidence to the contrary - the brutalization effect. The general consensus in economic journals that capital punishment deters criminal activity, does not translate into other disciplines', for example, sociology.
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This section declares that all individuals should be treated with dignity at every stage of the criminal justice process. Where the police use excessive force or other immoral behaviour during the course of an arrest, section 12 and section 7 of the Charter may offer an individual remedy at trial. Section 15 of the Charter provides persons with numerous key equality rights. More specifically, this section states that every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law without discrimination in particular discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
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Our shared humanity and place in society demand that we should be more responsible for the well being of our fellows than is suggested by the current narrow scope of liabilities for omissions under the Law of England and Wales. (Anon., 2010
The aim of this essay is to discuss the circumstances in which the common law attaches liability for omissions and to discern whether or not the scope of liability for omissions should be extended to include a general duty, because at present, it is up to moral consciousness of individuals whether or not they choose to be a Good Samaritan. 3 THE SCOPE OF OMISSIONS LIABILITY The Common Law under England and Wales recognises that criminal liability for omissions will only arise when there is a duty to act.
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Moreover, according to the Bar, no practicing barrister should have a right to refuse along-coming work on the ground that the client is already legally served. 3 As already mentioned, barristers cannot refuse providing their services neither on the ground that the case is 'objectionable' to them, nor bearing in mind that the client's beliefs or their financial source to cover the legal costs are unacceptable to the barrister. Nevertheless, there are some exceptions to the rule. In practice, a barrister can turn down a brief when they lack experience of competence in case, when they do not have sufficient
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Eleven years later, the 1956 Act was amended by the Sexual Offences Act 1967, changing 'the law of England and Wales relating to homosexual acts.2. This too was soon to be amended by the Sexual Offences Act 1985, dealing with the 'provision for penalising in certain circumstances the soliciting of women for sexual purposes by men, and to increase the penalties under the Sexual Offences Act 1956 for certain offences against women.3' In 1993, the Sexual Offences Act 'abolished the presumption that in criminal law, a boy under fourteen is in capable of sexual intercourse.4' Finally, the current Sexual Offences
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During the Hart/Devlin debate concerning the proposed decriminalisation of homosexual conduct, Lord Devlin asserted that suppression of vice is as much the laws business as the suppression of subversive activities. It follows then t
An important part of criminal law is to deter people from transgressing the commonly agreed boundaries of acceptable conduct. The law should respect and reinforce the moral norms of society in order to keep social order from unravelling; Bills of rights, like that in the Constitution of the United States, are often regarded as being based on natural law principles. Immoral behaviour can be seen to be a threat to social cohesion, and moral laws are justified to protect society against the disintegrating effects of actions that undermine the morality of a society. Perhaps the more that the law is based on morals, beliefs and values that are shared by a society, the more that the law is obeyed
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It allows the lawful arrest and punishment of individuals who plan to cause harm to another person without having to wait until actual harm is inflicted. However there have been a lot of people who not agree with this, why should people get convicted for something they have not done yet. It requires merely that the secondary party associate himself, this can be done by giving intentional help or encouragement to a person who commits a criminal offence as a result of that encouragement.
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Williams criminal liability for the death of Bert and Pete will be discussed under the criminal damage act 1971. A demonstration of the criminal offence committed by William manslaughter by unlawful act in terms of their definitional elements will be l
William commits an offence under section S1 (1) 2of the Criminal damage act 1971. The mens reas is the unlawful killing of a human being done with malice aforethought William did not have the mens rea because he did not have the malice to kill or cause grievous bodily harm; he did not foresee any harm would be a likely result of the killing of Bert. In Peter's case, the 'but for test' is required to determine the chain of causation.
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who at the time of the intercourse does not consent to it; and (b) at the time he knows that the person does not consent to the intercourse or is reckless as to whether that person consents to it. The definition also clearly points out (a) the physical elements (actus reus) and (b) the mental element (mens rea) required as the basic elements to constitute the offence of rape. (a). The Physical Elements of Rape. As a general rule in criminal law, before an accused person can be convicted of any serious offence, it must be proved that he has committed or omitted an act which is prohibited by the law and that he did so with a specific state of mind.
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Even then, the complainant's stated refusal may not amount to dissent if the refusal appears sufficiently ambiguous, this is due to the fact that lack of consent must be established beyond reasonable doubt, thus failure to dissent will often be resolved in the accused's favour.4 In other words, the above statement implies that in order for rape to be proven, the complainant has to be physically overborne to the degree that reasonable persons would have felt powerless to resist. In the English cases of R.
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As a general rule therefore consent itself as a matter of policy was interpreted as ineffective. This principle was confirmed in R v Brown  1 A.C. 212 which also affirmed the principle in A-G' Reference No. 6 of 1980 where it was found after an appeal to the House of Lords a key principal of general public importance, that the prosecution do not have 'to prove lack of consent' (R v Brown). Also additional reasoning was that sado-masochism was not considered 'sufficient reason' (R v Brown)
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Up to this point there was some confusion as the criminal liability in relation to conspiracy when one part did not intend to play an 'active role in the commission of the substantive offence'. Now however following R v Siracusa (1990) and the 'highly persuasive' Privy Council, Yip Chiu-Cheung v R  cast further doubt on Lord Bridge's dicta in Anderson .It is now considered that participation 'can be active or passive. However Anderson  is a House of Lords case, and although due to the privy Council ruling it is likely that if a similar case reached the House it would be distinguished it is still good authority.
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