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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injuries in the blaze. Answer both of the following questions. Both questions carry equal marks. Using case law to support your arguments: 1. Discuss whether Bob may be charged with the murder of Alice‚ Karishma and Jake; and 2. Advise Bob as to whether he has the necessary mens rea to be charged with offences under s1(1)‚ s1(2) and s1(3) Criminal Damage Act 1971. The area of law in which this question concerns is murder. It is necessary to consider the extent to which Bob is likely to be
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R vs Sharpe (1)Sources: R v Sharpe Decisions‚ February 8/2013 CBC NEWS‚ R vs Sharpe: Excerpts from the Supreme Court ruling on Child Pornography‚ March 8/2004 Title: R vs Sharpe Who: John Sharpe Date: January 26‚ 2001 (2) Case Facts: -Accusations were made about John Sharpe that he had possession of child pornography tapes -Led police to an investigation of his house‚ finding multiple disks labeled ‘boyabuse’ -Sharpe was charged with two counts of possession of child pornography‚ under
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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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1 The aims and values of ‘criminal justice’ Let no-one be in any doubt‚ the rules of the game are changing. (Former Prime Minister Tony Blair‚ 5 August 2005). Key issues: • The structure of the criminal justice system • Blurring civil and criminal boundaries: ASBOs and similar • Proving guilt and innocence: burden and standard of proof • Adversarial and inquisitorial approaches • Recent trends in crime and criminal justice • Packer’s ‘due process’ and ‘crime control’ models • The human
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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 in Osolin‚ found it was simply a codification of the common law mistake of fact. 1992 – Bill C-49 This was Parliaments response to Seaboyer and Gayme. (1) Replaced old S. 276 with new provisions
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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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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 of a child. Name of Case: Ebony-R v BW & SW (no3) -
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Personally‚ I agree with the Supreme Court’s decision in the landmark case of R. v. Dyment. Particularly‚ with La Forest J. commentary it provided on the importance of privacy: “…society has come to realize that privacy is at the heart of liberty in modern state…Grounded in man’s physical and moral autonomy privacy is essential for the well being of the individual. For this reason alone‚ it is worthy of constitutional protection‚ but it also has profound significance for the public order. The restraints
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CRIMINAL LAW Table of Contents CRIMINAL LAW ......................................................................................................................... 1 INTRODUCTION .................................................................................................................... 1 Historical evolution of criminal law .......................................................................................... 1 Crime – Nature and definition social & legal context – ..........
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