now sentenced to life imprisonment. The penalty for manslaughter is at the discretion of the judge‚ with s.5 of the Offences Against the Person Act providing that the maximum sentence is life imprisonment. Murder and manslaughter share a common actus reus – the unlawful killing of a human being. The distinction between the offences is complicated by the fact that there are various forms of manslaughter. Murder and ‘involuntary manslaughter’ differ in terms of the mens rea (Latin for "guilty mind")or
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From her mother’s death‚ her emotionally unavailable father‚ and later her miscarriage‚ shows why the search for her own identity is stunted (Lee Ann De Reus). As she arrives in her hometown of Grace‚ memories return of her “childhood as an outsider” start to bring back memories of unacceptance (Kingsolver 30). Because of her mother’s death her father had felt his daughter’s “had been too far away to touch”
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LEGAL ASPECTS OF ENTREPREURSHIP GM 520 – Keller Graduate School of Business Submitted and Copyrighted by: Carla J. Miller‚ Summer 2009 I. Introduction Running a successful business can be very difficult without the right tools. As more and more people start or consider starting their own business‚ it is important that they understand the core steps that are required to launch successful ventures. These steps include spotting‚ assessing‚ selecting and executing opportunities presented
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generally upholds‚ so the society is then responsible to punish the accused. But it is for this reason that most criminal law cases are brought by the state‚ acting on behalf of society rather than the actual victim. 1.1.2 the elements of crime: actus reus‚ mens rea In order to be found guilty
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Law: Offences against the Person Assault: s39 Criminal Justice Act 1988 Person apprehends an immediate unlawful attack Intention or subjective recklessness to cause another to apprehend an immediate unlawful attack * Smith 1983: “immediate” means some time in the very near future * Ireland (1997): silent phone calls * Constanza (1997): words alone Battery: s39 Criminal Justice Act 1988 Application of unlawful force to another Intention or recklessness to apply unlawful force to another
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crimes as murder‚ rape‚ assault and similar crimes that are commonly seen by society as something that must be given a stop (Berg 11). In this type of crime‚ the element of mens rea as shown in Fig. 1 is a requisite for conviction together with actus reus. On the other hand‚ public welfare offenses‚ also classifiable as mala prohibita offenses‚ are not necessarily inherently evil‚ but are merely reflective of current values and temper. Mala prohibita offenses are usually strict liability offenses
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According to Robin J.A. in Malette v Shulman[1]‚ “the right of self-determination which underlies the doctrine of informed consent also obviously encompasses the right to refuse medical treatment. A competent adult is generally entitled to reject a specific treatment or all treatment‚ or to select an alternate form of treatment‚ even if the decision may entail risks as serious as death…The doctrine of informed consent is plainly intended to ensure the freedom of individuals to make choices concerning
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within the terms of a section defining an offence or prescribing a punishment therefore‚ does not constitute an offence if it is covered by any of the ‘exceptions’ enumerated in the Chapter IV. In other words‚ a wrong doer‚ who has committed an Actus Reus with the requisite Mens rea‚ may escape from liability because he has a ‘general exception’ to offer as an answer to the prosecution. The ‘general exceptions‚ in ultimate analysis‚ limit and over ride offences and penal provisions of the code. The
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We all must obey them‚ but why? For fear of going to jail‚ or being fined? Those are the individual effects of civil disobedience‚ but what happens what is the purpose of law in society? Thomas Hobbes‚ John Locke‚ and Jean-Jacques Rousseau all attempted to interpret the need for laws in society‚ in order to maintain the good of the whole and the individual. Each of their examination of the need for laws in society arose from the individual ’s departure from the "state of nature" to community living
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"The defendant who seeks to avoid criminal liability on the basis that s/he was suffering from a mental disorder at the time of the alleged crime must have a defence that falls within one of the following‚ legally recognised‚ categories: Insanity‚ Diminished Responsibility or Automatism. While‚ at one level or another‚ these "mental disorder defences" share common characteristics‚ they each differ significantly. Unfortunately‚ this point does not appear to be fully appreciated in English Law." Discuss
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