LONDON 265 0010 ZA 269 0010 ZA 277 0101 ZA DIPLOMA IN LAW LLB EXAMINATION for External Students INTERMEDIATE EXAMINATION (Scheme A) FIRST AND SECOND YEAR EXAMINATIONS (Scheme B) GRADUATE ENTRY LEVEL I (Route A) GRADUATE ENTRY FIRST YEAR (Route B) BSc DEGREES for External Students MANAGEMENT WITH LAW‚ LAW WITH MANAGEMENT‚ ACCOUNTING WITH LAW AND LAW WITH ACCOUNTING FOR STUDENTS IN THE EXTERNAL PROGRAMME Criminal Law Wednesday 13 May 2009 : 10.00 - 1.15 pm Candidates will
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relationship between what society believes is important and worth protecting and how it is reflected in criminal law can be described in many ways. Society in general views actions such as murder‚ rape‚ robbery or even burglary as an act‚ evil in nature‚ public or of moral principles. These actions are considered to be Malum in se. Laws which are viewed as Malum prohibitum‚ consist of acts banned by laws such as speeding‚ drug use‚ or even prostitution. These acts are seen as regulatory infractions‚ more
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Criminal Law Outline Justifications of Punishment 1. Consequentialist Theory a. Actions are morally right if and only if they result in desirable outcomes b. Rely on theory of utilitarianism to justify punishment: Forward looking effects of punishment. General deterrence‚ specific deterrence‚ rehabilitation‚ incapacitation 2. Nonconsequentialist Theory c. Actions are morally wrong in themselves‚ regardless of the consequences d. Theory of Retributivism: look back
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and rely on the defence of private defence. The defence would operate if the defendant (Bill) thought he was facing an unjust threat from the victim and to avoid such a threat used a reasonable level of force in circumstances. Section 3 of the Criminal Law Act 1967 states that ‘a person may use such force as is reasonable in the circumstances in the prevention of a crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large’. Thus
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The law generally requires that the accused possess a ‘blameworthy’ state of mind at the time the act comprising the offence was committed‚ and the basic presumption is that mens rea is required for every offence (‘actus non fit reus nisi mens sit rea’)‚ authority for which stems from Sherras v De Rutzen [1895] – “There is a presumption that mens rea … is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence
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Darien Anthony 10/11/2012 Criminal justice 1 Why limits are imposed on Criminal Laws The founding of criminal law on the principle of rule of law means that the power of government is limited. Unlike royalty in the Middle Ages‚ which had limitless absolute power‚ governments are limited in the behavior that can be declared criminal and in the punishments that can be applied for violations of criminal laws. Seven benchmarks are used to assess the legality of criminal laws: * Principle of legality
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The criminal justice system begins with a report that a crime has occurred. A Law enforcement investigation of a crime may begin in a number of ways. For instance‚ an officer may arrive to a crime scene to determine the motive of the crime. During an officer’s investigation‚ they may cross-examine witnesses and potential suspects to further their case. If an investigating officer acquires a sufficient amount of evidence at a particular location‚ they may make an effort to obtain a search warrant
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1. CLASSIFICATION OF CRIMES AND PROOF: 1.1 Structure of Criminal Law in Australia: There is no one set of criminal laws in Australia. Criminal laws at both State and Commonwealth levels operate in parallel with each other. 1.1.1 Commonwealth criminal law: • The Commonwealth can only make laws in relation to those powers it is given under the Constitution‚ therefore‚ any criminal law made by the Commonwealth has to be justified under a power in the Constitution. • The Federal Government does
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MENS REA Mens Rea is described as "A guilty mind; a guilty or wrongful purpose; a criminal intent; Guilty knowledge and willfulness". [2] In criminal law it is the basic principle that a crime consists of a mental element and a physical element. A person’s awareness of the fact that his or her conduct is criminal is the mental element‚ and actus reus’ (the act itself) is the physical element. The concept of Mens Rea started its development in the 1600s in England when judges started to say that
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Handout 3.1 - The Difference Between Civil Law and Criminal Law When is a legal problem criminal and when is it civil? What difference does it make whether it is criminal or civil? One way of looking at criminal law is that it is dealing with something of public interest. For example‚ the public has an interest in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law. Criminal law involves punishing and rehabilitating offenders
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