CASE DOCTRINES AND ADDITIONAL NOTES CRIMINAL LAW II (Culled from Florenz Regalado’s Conspectus and Ortega’s Notes) Article 114. TREASON ➢ “The details of the testimony on the acts testified by witnesses need not be identical” (People vs. Abad) ➢ “The two-witness rule is not required to prove adherence to the enemy” (People vs. Alitagtag) ➢ “Treason absorbs crimes committed in the furtherance thereof” (People vs. Villanueva) ➢ “Righteous Action‚ as when the collaborator also
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means the killing of a human being [Irving‚ Shae‚ ed (2009) and may be lawful – where‚ for example‚ fatal force was necessary to defend oneself. The two most important offences of unlawful homicide are murder and manslaughter. Although both are common law offences‚ elements of murder and manslaughter have been modified by Acts of Parliament and the penalties for each are statutory. Until 1957‚ murder (the more serious of the two offences) was a capital offence – that is‚ a sentence of death automatically
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Christopher Criminal Law Professor James Barney Statutory Rape Introduction Statutory rape is usually defined by the state law concerned. However‚ statutory rape is distinguished from other forms of rape in that the victim must necessarily be below the age of consent and that lack of consent is not a requisite to the crime on the common understanding that a person below a certain age lacks the capability to give an informed consent. Prior to the development of modern statutory rape laws‚ statutory
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Introduction and Overview The aim of this case is to present a contemporary criminal case. The case must have occurred in the last ten years. It must be an indictable offence‚ a more serious criminal charge where the defendant has the right to trial by jury and has been found guilty. The analysis of the case will be carried out through the extent which the law balances the rights of victims and offenders. The case which I have chosen is a major indictable offence of Murder and Manslaughter- starvation
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Sexual Assault Patterns‚ context‚ definitions: Law reform (’81)– Importance of feminist contributions – significant to reform of law regarding rape. Definitions: Sexual assault (NSW) Unlawful sexual penetration (Commonwealth Criminal Code) Harm – Affront to human dignity Humiliating denial of freedom and equality; Cruel invasion of human privacy (FRASER 1975) Sources of information – Official statistics Victim surveys Discrepancy reveals under-reporting: 14% reported Relationship
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MCQs in Criminal Law Choose the best answer. 1. Sailor Kriseth is a merchant ship registered in Puerto Rico and owned by Seta Alcantara‚ a Filipino citizen. The Captain of the Ship is Captain Amerigo who is an American citizen. While passing through Laguna bay‚ the ship was searched by customs officials and they found 10 kilos of prohibited drugs. The owner and the captain of the ship were charged in the Regional Trial Court for possession of illegal drugs. Does the Philippine Courts have
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Criminal Law‚ 26/04/11‚ Dr.Filletti Theft No definition of the offence of theft; Carrara gives us a definition which has been taken up by our courts‚ “The malicious taking of an object belonging to others without the owner’s consent with the intent to make gain.” This is the definition which our court uses‚ our law simply creates one distinction for these offences. The law creates two types of theft: Simple Theft and Aggravated Theft. Simple Theft: First element is “contrectazio” this is the taking
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correlation’s between Kaplan and Norton’s “Mastering the Management System” and Porters “Five Competitive Forces that Shape Strategy” are significant. Managers need to have a complete understanding of their company’s surroundings in order to change their strategy. These two articles combined could be considered a 2-step process in itself. Step one‚ analyzing the environment of an industry utilizing Porters Five Forces model and step two‚ following the five stages laid out by Kaplan and Norton. Taking
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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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Literature Review Professional Criminological Research Skills JSB172 Name: Bruno Eduardo De Figueiredo Date: 25th of March‚ 2013 Student number: 8840911 The Anti Social Behavior Orders originated from the broken windows theory‚ adopted in the 1990’s in New York City. The policing strategy was centered on tackling issues of negative social behaviors among youth‚ and adults (Hewitt 2006:355-656). There is discussion on the Anti social behavior programs‚ and their effectiveness
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