Criminal Law Year 11 Legal Studies Term 2 – 2015 What is Criminal? Criminal conduct is behaviour that the law deems to be wrongful. Criminal law covers the acts and omissions that most people in society consider harmful. As well as causing harm to a victim‚ a crime is also regarded as harming the society as a whole. Behaviour that breaks one of these criminal rules is an offence. Sources of Criminal Law Criminal law is the responsibility of the States. The Commonwealth can enact
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codification of the Criminal Code has marked a watershed on Australian legal jurisprudence. In this essay I will discuss the problems that may occur when interpreting the Criminal Code (The Code)‚ the creation of uniformity and the also accessibility that the Code creates. The Criminal Code WA is a piece of legislation that has been passed by parliament the states that have enacted this legislation are referred to as Code jurisdictions‚ and the states that have not are known as Common Law jurisdictions
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could be charged with a number of non fatal offences ranging from the lowest non fatal offences which are common assault and battery under the Criminal Justice Act 1988‚ to the higher offences assault causing actual bodily harm and grievous bodily harm under the Offence Against the Person Act (1861). In order for the attacker to be charged within the criminal courts‚ the prosecution must prove the crime is ’beyond reasonable doubt ’ (Charman‚ 2010: 211). The jury must be certain the accused is responsible
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It is often asserted that liability for omissions is exceptional in English criminal law. How convincing is this claim? To assert that liability for omissions is ’exceptional ’ is to make two claims. If exceptional is taken simply to mean rare‚ one claim is that omissions are infrequently criminalised. However‚ if exceptional is taken to mean forming an exception then there must exist a general rule from which such an exception may depart. This claim is questionable‚ and will be explored first
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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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Rules of Evidence: How does the Norwegian legal system differ with the Australian legal system when the rules of admissible evidence in criminal trials are examined? 14th April 2008 Contents 1.0 Introduction 3 1.1 Terminology_________________________________________________ ___________3 2.0 Rules of Evidence in Norway______________________________________________4 2.1 Main rule: all evidence is allowed in the court room___________________________4 2.1.1 The
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Title: R. v. Hufsky‚ [1988] 1 S.C.R 621 Parties: Werner E. J. Hufsky – Appellant v. Her Majesty The Queen - Respondent Decision: Appeal was dismissed Notions/Concepts: Constitutional Law Criminal Law Equality before the law Charter of Rights and Freedoms Arbitrary detention Unreasonable Search Refusal to provide breath sample Facts: Appellant was stopped at a random spot check by police Nothing unusual about his driving at the time of the spot check Spot check was for the purposes
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W. E. B. DuBois invites all readers‚ regardless of ethnic background‚ to consider his proposition (quoted in your Lecture Notes) that the "color-line" will constitute the "problem of the Twentieth Century." By the way‚ you have just passed another turn of centuries‚ from the 20th to the 21st. From your "modern" perspective‚ do you feel that DuBois’s statement is still valid today? Do you find that DuBois was correct in his prediction that issues of "race" and "ethnicity" would be at the center of
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the intention of killing B. However‚ it is clear that A did intend to kill B – when we consider the purpose of the defendant this includes not only the end (getting the inheritance) but also means used to achieve that end (killing B). Intention v Foresight Whether the defendants
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Summary R. v. Morgentaler was decided by the Supreme Court of Canada‚ a verdict which declared abortion laws in the Criminal Code of Canada as arbitrary and unconstitutional. The court ruled the laws to have violated the woman’s right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms to security of person. After the ruling‚ you could not be charged under the Criminal Code of Canada for having an abortion without consent of the therapeutic abortion committee
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