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AS and A Level: Criminal Law
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Her sister whom Mrs. Vasques said nagged too much, and because of something this small Mrs. Vasques was foolish enough to not stay there. Finally the defendant; Mrs. Vasquez, will be our witness for today also. This case is yet still undisputed that Mrs. Vasquez did truly mean to commit this crime. However the dispute isn't weather she killed her husband. Anything I say or do cant change for the fact that Orlando is not here with us today. The true dispute of this court is weather she has Battered Woman Syndrome or BWS or short.
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Provocation. The provocative act must cause the defendant to suddenly and temporarily lose their self control as shown in R v Duffy. Evidence to show that Eleanor lost her temper is the fact that in a state of agitation, she bought a container of flammabl
with her "friend" outside the library, merely seeing this was enough provocation for the defendant to shoot his wife. Similarly, Eleanor was convinced that Fiona and Gordon were making a lot of noise in order to disturb her, even though Fiona and Gordon were unaware that Eleanor was angry with them. This was therefore an indirect act but provocative enough for Eleanor to carry out the unlawful act. The provocative act must cause the defendant to suddenly and temporarily lose their self control as shown in R v Duffy.
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Trainee solicitors will work in at least three area's of law such as personal injury law, convayancing and company law. The areas depend on the nature of the firm and the interests and needs of the trainee. Skills are developed through working on clients' cases under close supervision and work should be reviewed regularly. The Solicitors Regulation Authority requires that all solicitors participate in continuing education throughout their careers. They have to complete at least 16 hours of education a year.
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Another role is for magistrates to train other and new magistrates that are recruited each year. When appeals are made magistrates' role is to sit in the crown court with a judge, to hear appeals against conviction or sentence. Magistrates' make a lot of administrative decisions concerning whether or not a person makes bail or custody and any warrants that are issued have to be signed by magistrates. The advisor carries out many administrative roles too including preparing court sessions, dealing with paperwork, completing bail forms etc- which gives magistrates more time to concentrate on the evidence in a case.
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A must have foreseen this result as a possibility (R v G and another). This a question of fact. Records of A's practices in the range can be evidence from which this foresight can be inferred, but since the facts do not show such evidence, A's guilt is by no means conclusive. Though it is clear from the facts that A intended to frighten B, this 'malice' cannot be transferred to fit, neither does it suffice as, the mens rea for battery.
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Another example of a SI is the Road Traffic act 1988. Another form of delegation legislation is bye-laws. This law only affects the area that it is made in. This form of law gives the law making powers to the local Authorities. A bye- law that illustrates this is the Multiple Dog Walking Byelaw. This law was created by Wandsworth Council and therefore is only enforced within Wandsworth. This bye-law put controls on how many dogs can be walked by one individual in the parks and open spaces within the area of Wandsworth.
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It is important to distinguish the intent from the motive of the crime as shown in the case of R v Gray where a father smothered his son to death. The motive of his actions was that his son was in agony and dying from an illness, however this is not relevant to the mens rea. His intention to kill his son on the other hand is relevant to the mens rea and made him guilty of murder. Intention can be oblique or direct.
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A person who genuinely attempts to commit a criminal offence and fails still deserves to be punished just as much as a person who succeeds in committing an offence
One of the reasons for this offence is that without it, the police would often have to choose between preventing an offence being committed and prosecuting the offender. However, as illustrated in cases such as Campbell this is still not always the case. In Campbell the defendant planned to rob a post office but was prevented from doing so because of a tip off to the police. He was carrying an imitation gun and a threatening note which he had planned to pass onto the cashier at the post office, however he was not convicted as the court did not see his actions to be more than preparatory.
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She was arrested and charged simply because she was in a country she wasn't allowed to be. It did not matter that she did not wish to return to England but the Irish authorities sent her. Thirdly, a result crime is where the defendant must have caused a certain result to be liable. An example is murder, where the actual death of the victim has to occur. Result crimes raise the issue of causation: the result must be proved to have been caused by the defendant's act. Difficulties may arise when there is more than one cause of the result.
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Explain how and why the courts have restricted the availability of consent as a defence to non-fatal offences against the person?
In Richardson, the courts confirmed that fraud does not necessarily negative consent. It only does so where V is deceived as to the identity of the person or the nature and quality of the act. However, in Tabassum, D was convicted as court of appeal stated that V was consenting to the nature of the act but not to its quality. Thus, nature and quality are two separate elements. As a result of this, in the case of Dica, it was decided that Clarence was wrongly decided as in both cases, the victims did not consent to the quality of the act.
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a crime is an act done with intent to commit that crime and forms part of a series of acts which would have been completed if it was not interrupted. To be liable for an attempted offence, the person needs to have mens rea for the whole of the offence and the actus rea must be beyond the merely preparatory stage. The merely preparatory test looks forward from the point of the preparatory act to see whether D's acts have gone beyond that stage, in contrast with the proximity test.
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Under section 24, as amended by the Serious Organised Crime and Police Act 2005 (SOCPA), a police officer can arrest a person for committing any offence if this is necessary. Police officers must reasonably suspect that a person has committed, is committing, or is about to commit an offence and have reasonable grounds for believing that it is necessary to arrest that person. It will be necessary if; the person will not give their name and address, or the police officer reasonably suspects that the name or address given is false; the arrest will prevent the person from causing physical
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Law should encourage citizens in their civic duty to do the right thing(TM) in a moral sense and not turn a blind eye or fail to act to help someone who is in need(TM). Consider to what extent the criminal law r
The Children and Young Persons Act 1933 also does this. Such failures in feeding, clothing and sheltering children may lead to the offence of gross negligent manslaughter. Acts of Parliament ensure that people who fail to act appropriately will be convicted. Another way that failing to act may lead to an offence is through a contractual duty. Doctors, for example, have a duty to act. In Adomako (1994) an anaesthetist was convicted of manslaughter on the basis that he had failed to notice that a vital breathing tube had become disconnected during an eye operation, in which resulted in death of the patient.
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The justifiable use of force in self-defence depends entirely upon the circumstances in which it is used. Factors such as mistake and intoxication may also be relevant. Critically consider the truth of the above statement.
The first limb consists of the necessity of force, which is subjective test. This may be seen as a positive element to the defendant because the necessity of the force is considered through the circumstances as they appeared to the defendant at the time. However, this may wider the availability of the defence too much. The danger that the defendant apprehends must be sufficiently specific or imminent to justify their actions, and of a nature which could not reasonably be met by more soothing means.
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Liability in criminal law requires the prosecution to establish that the accused has caused the relevant prohibited consequences or conduct to occur. For instance, in homicide, that the accused has caused the victim(TM)s death
She had actually died from a heart attack. In any event, White had not used enough poison for a fatal dose. He was convicted of attempted murder. This may be seen as a fair test because it is one that is based on factual data. Legal causation, however, has many tests. They are closely associated with a moral responsibility. The question is whether the result can fairly be said to be that fault of the defendant. The defendant's conduct must be more than a 'minimal' cause of the consequence, but it need not be a 'substantial' cause.
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In basic intent crimes, the mens rea can include recklessness. Examples include involuntary manslaughter, battery and assault. Defence to a specific intent crime is not available if the defendant has been reckless whilst voluntarily intoxicated however; involuntary intoxication does provide a defence to basic intent crimes. Voluntary intoxication is available only to specific intent crimes if the defendant is incapable of forming the necessary mens rea. 'Dutch courage', the act of deliberately intoxicating yourself in order to commit a crime is not a defence to any crime, even to crimes that can only be committed with a specific intention.
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The Human Rights Act also gives people the right to take court proceedings if they think that their Convention Rights have been breached or are going to be. The Human Rights Act also makes it clear that when they are interpreting legislation the Courts must do so in a way which does not lead to people's Convention Rights being breached. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have no other choice.
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The prisons are overcrowded and the overall prison environments are so harsh in most that you would think not even the most harden criminals would think of chancing returning once they are released. This country's overcrowded prisons are causing for overcrowding of our states and federal fiscal problems too. "States last year spent more than $44 billion on corrections, the report said, compared with $10.6 billion in 1987, the report said, adding that the rate of increase for prison costs was six times greater than for higher education spending" (Vicini).
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There are no causation issues to deal with since there were no intervening acts, and it can be easily shown that the actus reus is satisfied. The Mens Rea of murder is an intention to kill or an intention to cause GBH. Murder is a specific intent offence, meaning that it can only be committed with intention. Since Dave has taken up a knife, it could be argued that he must have at least an intent to wound, which satisfies the intention for GBH, since a knife is a weapon which can only cause a wound at the minimum.
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There are many reasons why ADR is needed. The over expenditure is one important factor of the courts structure. It has been found around one third of legal budgets are spent on preparations for defence, legal aid etc so naturally it has become important to find ways to reduce cost but at the same time keep the efficiency and effective resolving of disputes between claimants. The four main types of ADR are Mediation, Conciliation, Arbitration and Negotiation. There is not a chronological order for using these before court however Mediation and Conciliation are compulsory in family disputes.
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as he's just a guest and has exceeded his limit to entry, that he had been given permission for. Having helped himself upstairs and then committing criminal damage is another offence of ulterior. The mens rea of burglary is the intention or recklessness to being a trespasser and intention to commit an ulterior offence. Eric fulfils the mens rea of burglary as he had the intention to go beyond the permission given to him, when he decided to go upstairs to the bedroom to destroy the presents. The ulterior offence which he has committed is criminal damage and GBH.
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The courts said that the doctors were indeed justified in carrying out the operation and in my opinion a general defence of necessity was further recognised. The integration of necessity into the duress of circumstance is of a wide substantial debate both by the courts and by parliament. The duress of circumstance is whereby the defendant commits a criminal offence due to the circumstances he found himself in and the only way to save himself from death or serious bodily harm was to take the action he did.
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Also, a duty will arise were failure to stop a situation in getting worse in which you have started. Such as in R v Santana Barmudes were by failure to state there were needles in his pocket causing a police officer to get pricked by one. Also contrasted by miller were by a fire was started and the defendant failed to stop the fire. Secondly, a positive act can be performed in which is involuntary act that you have no control over.
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