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AS and A Level: Criminal Law
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This case showed us that you don?t need every right. Applying this back to the scenario, Dave assumes the right of possession when she takes the money from the post office. Secondly we look at property; this comes from section 4 of the Theft Act 1968. There are 5 types of property. They are; Personal property, real property, other intangible property, things in action and money. In the scenario we are able to see that the property which has been appropriated was money. We then look at belonging to another; this comes from section 5 of the Theft Act 1968.
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A contractual duty - Where a person is under a contract to act, his failure can be a criminal offence. R v Pittwood (1902) Pittwood was a railway crossing keeper and omitted to shut the gates. Having opened the gates to allow a cart to pass over the line he forgot to close it before going off to lunch. A few minutes later a passing train killed the driver of a hay cart as it was crossing the line. He was convicted of manslaughter as it was his job to keep the line safe.
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The insanity defense, when used correctly, allows mentally ill patients to receive a fair trial and punishment for their crimes.
The key to correct use of the insanity plea is in reform, not abolishment. This is because no matter how rampant abuse of this defense it, there will always be people who, due to mental issues, truly were not in their right mind when they committed their murder; these people deserve a fair trial that takes into account every factor of their crime, just as anyone else would receive. The insanity defense, when used correctly, allows mentally ill patients to receive a fair trial and punishment for their crimes.
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article made or adapted for use in certain offences, for example a burglary or theft, or knives, or items which could damage or destroy property, for example spray paint cans. If a serious violent incident has taken place, the police can stop and search you without having reasonable grounds for suspecting they will find the items. The police can also search a football coach going to or from a football match if they have reasonable grounds for suspecting there is alcohol on board or that someone is drunk on the coach.
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The requirement of an act is one that is evidence of a choice being made and choice, of course, brings into question the state of mind. Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged.In an effort to make the criminal justice system more uniform and predictable, judges and legal theorists sought to marginalize the element of ?intent?.
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that flow from that act or omission. It is essential that the defendant acted voluntarily and that he caused the injury, damage or harm. In other words, actus reus includes all the elements of the offence indicated in the definition except the mens rea (the state of mind), if any. 1. Must be a voluntary act: Generally the accused's conduct must be a voluntary act or omission. The accused will not be held liable for acts done in a state of automatism.
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It can be broken down into three main elements: The unlawful killing ? the killing must be unlawful. The victim must be a human being ? normally, this will be self evident but it is murder to kill a foetus (unborn baby) because it is fully independent of its mother. Queen?s peace ? any killing within England and Wales by any person. When discussing actus reus of murder, it is vital to discuss causation along with the think skull rule, and apply it back to the case. Causation is establishing a direct link between the defendant?s conduct and the consequences.
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The offence of burglary has been defined by parliament. However, it has been left to decisions of the courts to clarify most of the key ingredients of the offence.
Also unlawful damage should be included in both sections of (a) and (b). The actus reus is required for s.9 (1) (a) and s.9 (2) of the Theft Act 1968. The actus reus involves entry of a building or part of a building as a trespasser. Entry was defined in Collins (1973) as effective and substantial, where the defendant had the intention to rape. The question is the extent to which the defendant has entered the building, how much of the body inside the building does it make it substantial or how effective the entry was.
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This coincides roughly with the Labour Government coming to power and should be one reason for it. Trends in police recorded crime in recent years should therefore be interpreted with caution due to changes in recording practices. The police recorded statistics show that there has been much more property crime than violent crime since 1997. The total violent crime from 1997 ? 2007 has been 21.3% of all offences, which is only one fifth of all recorded crimes. The total property crime from 1997 ? 2007 has been 75% of all offences, and total other crime has been 3.6% of all offences.
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Explain what is meant by the term causation in criminal law and assess how the courts have interpreted its significance in determining criminal liability.
There may be one person whose act contributed to the death. The defendant can be guilty even though his conduct was not the only cause of death. The above directions will be used for straightforward matters. If a problem arises the judge may direct the jury with regard to the legal principles of causation. There are two main principles, which they have to apply, both of which must be satisfied for causation to be established. They are factual causation and legal causation.
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The term deception in itself is defined quite broadly because it includes deception by words of conduct which can be as to fact or law or the present intentions of the deceiver. The deception can be made deliberately or recklessly. A gap in the law regarding deception could be seen to be the fact that silence can be counted as a deception. Silence is not included in the definition of deception and so the courts have only been able to impose liability for silence where it can be considered as conduct.
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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.
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In R v Miller it was held that failing to resolve a dangerous situation you created could lead to liability ? the defendant accidentally set light to a mattress and then moved rooms rather than trying to put it out. There is also a duty owed by public office (R v Dytham) and statutory duties such as Road Traffic Act. Explain the meaning of causation Causation is establishing that the defendant caused the result both factually and legally. The factual test is but for the act of the defendant would the result have occurred.
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After which then the officer is allowed to seize such items from any persons. Section 2 of PACE indicated that if in public, the suspect can only be asked to remove their outer jacket, coat and gloves. If then it is decided more is in need to be removed he can ask if the suspects t-shirt and shoes be taken off but under private conditions out of the eye of the public.
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This says that but for the defendants conduct, would the victim have suffered the harm. An example of the but for test would be in R v White, where the defendant put cyanide into his mothers drink, however she died of heart failure before the cyanide could affect her. The but for test showed she would have died regardless of him putting cyanide into her drink, so there was no factual causation.
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