Criminal Law 2 Homicide 1. Murder a. Actus i. Act or omission must have caused the death (s 18(1)(a) CA) b. Mens i. No punishment shall be incurred by person who kills by misfortune only (s 18(2)(b)) ii. Intention to kill or inflict GBH(s 18(1)(a)) 1. Requirement that D has actual awareness of consequences of actions (Aiton) 2. Subjective test: Conscious purpose‚ decision not desire (Hyam) 3. Foresight of certainty (Woollin) 4. Knowledge of chance of consequences fulfils malice requirement
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Summary Offences Act Reasonable Excuse Throughout the SOA there are recurring concepts of “reasonable excuse” and lawful excuse. A reasonable excuse is not a lawful excuse (Minkley v Monroe‚ 1986). A “reasonable excuse involves both subjective and objective considerations‚ but these considerations must be related to the immediate prevailing circumstances in which the offensive words‚ etc‚ are used‚ just as in self defence or provocation the response of the accused must be related in some way
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Criminal Law and Procedure Assignment Student Name: Louiszen‚ Yip Hiu Fai Student ID: 10456052 Supposed you were the lawyer acting for Mr. Scissors Lee: 1) At the Trial of Scissors Lee‚ the prosecution would like to produce to the court the caution statements of Scissors Lee as evidence of his confession. Can you write out a list of your objections you will raise with the court to the production of the caution statement at the trial? ANS: Upon the production of the caution statement
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NON‐FATAL OFFENCES OF VIOLENCE • Defined in Part 8 Crimes Act 1961. –Crimes Against the Person. • Here concerned to look at crimes falling short of murder or manslaughter. • Sexual offences defined in Part 7 CA 1961. • Offences within Part 8 include: • Homicide (ss158 ‐181) • AborTon (ss182 – 187A) • Assaults to the person (ss 188 ‐204) • Female genital muTlaTon (ss 204A‐204B) • Bigamy (ss 205 – 207) • AbducTon (ss 208 – 210A) 1 2 Assault • A generic offence covering a broad range of
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Moloney [1985] 1 AC 905 House of Lords‚ R V Hancock and Shankland [1986] 1 AC 455 House of Lords‚ R v Nedrick [1986] 3 All ER 1 Court of Appeal*‚ R v Woollin [1997] Cr App R 97‚ Court of Appeal‚ Woollin [1998]3 W.L.R. 382 ‚ House of Lords.* Law Commission‚ Draft Criminal Code Bill. G. Williams‚ ‘Oblique Intention’ [1987] CLJ 417. Lord Goff‚ ‘The Mental element in the crime of murder’ (1988) 104 LQR 30. A. Norrie‚ ‘Oblique intention and legal politics’ [1989] Crim LR 793. R. Duff‚ ‘The politics of
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INTRODUCTION- Offence against property finds a prominent place in the penal code‚ the basic elements common to the offences under this chapter is “Dishonestly”‚ which the code describes as the intention of causing “wrongful gain” to one person or “wrongful loss” to another but the manner in which dishonestly is exercised differs in different cases. 1 “Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss or another person is said to do that thing “dishonestly”
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Sexual Assault 1983 Amendments Created three new offences: S. 271‚ S. 272 and S. 273 These abolished a number of stereotypes and sexual myths: no corroboration required (S. 274)‚ abrogated rules relating to the doctrine of recent complaint (S. 275)‚ sexual reputation is not allowed to challenge credibility (S. 277)‚ rape shield law (S. 276) S. 276 was challenged in Seaboyer and Gayme as being too narrow and exceptions were changed S. 265(4) introduced mistaken belief in consent Challenged
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Criminal Law Foundations Evaluation University of Phoenix CJA 484 September 7‚ 2014 Shane Evans Criminal Law Foundations Evaluation The United States Constitution has been amended since its origination. These amendments are meant to help our Nation adjust to the ever changing times. Our Bill of Rights is contended in the first ten amendments. The Bill of Rights is instilled into our constitution to protect the citizens of the United States from unfair and unjust treatment by
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questions concerning criminal justice and safety Questions Concerning Criminal Justice and Safety i. What are the specific aims & purposes of the criminal law? To what extent does the criminal law control behaviour? Do you believe that the law is too restrictive or not restrictive enough? The specific aims and purposes of criminal law is to punish criminals‚ and prevent people from becoming future criminals by using deterrence. “Having a criminal justice system that
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In the courtroom for sentencing at the Downing Centre Local Court‚ It was a wide range of cases dealt with by the Magistrate that were the most impressive and surprising. The Magistrate sat on the top seat without juries and decided all questions of laws and facts. The Magistrate‚ even though so busy‚ treated a large number of documents given by clerks calmly as if finishing such many cases in a day‚ consisting of mainly minor crimes‚ was natural. At a glance‚ it was definite that the Magistrate
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