This essay will critically discuss the effect of the [courts’] overbroad view in reading of the element of appropriation which led to the offence of theft being interpreted as an extraordinarily wide one. Since the introduction of the Theft Act 1968 there has been inconsistency in the interpretation of appropriation as courts and commentators have grappled with the intuition that appropriation must entail some subjective element and cannot be purely objective. With the aim of moving
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Answers * Assess the modern approaches to the definition of ’intention’ in English criminal Law -look at hierarchy of fault elements‚ intention v recklessness‚ foresight and intention 1) For some offences prosecution must prove BRD that the accused intended a particular consequence. ie murder‚ intention to kill/GBH ‚ recklessness will not suffice 2) also in OAPA 1861‚ s18 intention alone suffices ‚ intent to wound/GBH 3) there is no stat definition of intention. Its meaning is found
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Explain the term “intention” as the mens rea of a crime using decided cases to support your explanation. The Latin word mens rea‚ when translated means ‘guilty mind’ is defined in the Black’s Law Dictionary as “the state of mind that the prosecution‚ to secure a conviction‚ must prove that a defendant had when committing a crime.” Intention is ‘the purpose or design with which an act is done. It is the foreknowledge of the act‚ coupled with the desire of it‚ such foreknowledge and desire
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Week 5 Individual Work Diane Emler Everest University Online CJL 3215-6 Concepts of Criminal Law William Elfo August 17‚ 2013 The Choice of Evil Defense is also called the General Defense of Necessity. This defense justifies an act that may be a crime but is done to prevent a greater evil. “the choice of evil’s defense consists of proving that the defendant made the right choice‚ the only choice—namely‚ the necessity of choosing now to do a lesser evil to avoid a greater evil” (Samaha‚ 2014). The
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LS160-Criminal Law and Procedure BIBLIOGRAPHY A Articles/Books/Reports Hayes‚ Robert & Eburn‚ Michael‚ Criminal Law and Procedure in NSW Chesterman‚ Michael‚ Criminal Trial Juries in Australia Crimes Act 1900‚ NSW Criminal Procedure Act Legislative Council Select Committee on the partial defence of provocation – Inquiry into the partial defence of provocation‚ July 2012 B Websites www.judcom.nsw.gov.au/publications www.hcourt.gov.au www.parliament.nsw.gov.au www.lawlink.nsw.gov
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Midterm Criminal Law State v. Doug Homicide: The unlawful taking of the life of one human being by another. Actual Causation : The defendant’s act must have been the “cause in fact” of the victim’s death. Without the defendant’s actions‚ the victim would not have died. “But for” Doug shooting and killing Tom‚ he would not have died. Proximate Causation: A defendant’s actions are the proximate cause of the victim’s death if the result occurs as a consequence of the defendant’s
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Attempt is defined as having the intent to commit a crime and taking a step beyond mere preparation toward the completion of the crime. There are several tests to determine if an attempt was actually committed. The Last Act This is under common law and rejected by almost all jurisdictions as of date. This test says that in order to complete an attempt the individual must have taken the last step necessary for the completion. EX. Firing the gun. Last Proximate Act In order to prove attempt
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Criminal Law notes 1.Voluntary act: Status offences – no conduct is required but the crime is committed when a certain state of affair exists or the defendant is in a certain condition or is of a particular status. R v Larsonneur (1933) – Appellant was brought involuntarily back to the UK where she was charged on being an ‘alien’. LCJ Hewart claimed the ‘circumstances are perfectly immaterial’ Winzar v Chief constable of Kent (1983) – drunk on a public highway. LJ Robert Goff claimed ‘it is enough
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Running head: Compare and Contrast Civil with Criminal injuries Compare and Contrast Civil with Criminal injuries Nora Kelgin October 19‚ 2013 Tort Actions A tort actions is a form of civil law‚ which are intentional tort‚ torts of negligence‚ and strict liability torts‚ the vast majority of legal issues in the United State involve this‚ such as divorce‚ child custody‚ child support‚ domestic dispute‚ consumer problems‚ defamation‚ and injuries due to a person
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LAW 209 FINAL EXAM MAY 18‚ 2012. PROF. URIEL INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22‚ 2012. THE EXAM IS OPEN BOOK‚ BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal
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