Law on Fraud and Criminal Damage Previous law under the fraud and deception was thought to be in a complete freeform. As a result Fraud Act 2006 was enacted‚ it repealed ss15‚ 15A‚ 15B‚ 16 and 20(2) of Theft Act 1968 and also ss 1 and 2 of the Theft Act 1978. These offences were replaced with offence of fraud and it can be committed in different ways such as‚ fraud by false representation and obtaining services dishonestly. Fraud by false representation is covered under the s2 of the Fraud Act
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This essay affirms that it is possible to draw a distinction; albeit not a clear one. A distinction is important in order to avoid overlooking omissions‚ which can form a basis for criminal liability; and in the doctrine of actus novus interveniens. A clear distinction is seen in the definitions of an act and omission. When the actus reus‚ and mens rea of a crime exists – an act is an action that have caused harm to a person‚ or damage to property‚ while an omission is where an action that
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Introduction Criminal law is referred to as that branch of law concerned with crimes committed against the public authority. It is very different from civil law. An example is murder. It is very easy to put murder under civil law because it is a crime committed against another human being but the crime of murder is against the public interests. An example of civil crime is when a person does not honor a contract. Criminal law can be substantial or procedural. Substantial criminal law is concerned
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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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LAW DEPARTMENT A2 Criminal Law Study Pack 2010 / 2011 Name CONTENTS PAGE 1. Homicide - Murder 3 2. Voluntary Manslaughter 8 3. Involuntary Manslaughter 20 4. Defences: Insanity 29 5. Automatism 32 6. Intoxication 35 7. Self-defence 37 8. Consent 42 9. Critical evaluation of murder and voluntary manslaughter 47 10. Critical
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assault with regard to law reform. Sexual assault is the term used for criminal offences involving unwanted sexual contact. This can include unwanted touching or groping‚ indecent acts of other kinds and rape‚ and this can occur from any type of perpetrator‚ someone that the victim has a relationship with or a stranger. There are many problems regarding the issue of sexual assault‚ such as consent‚ and under reporting. In the past decades‚ there has been significant law reform in relation to sexual
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The defences of insanity‚ substantial impairment by abnormality of mind and automatism play a vital role in avoiding criminal liability. Principally‚ the defences reflect the idea that intellectually challenged individuals should not be penalised but rather treated of their mental impairment. However the outcomes of each defence have also been criticised as ‘anomalous and arbitrary’ due to conflicting legal and medical definitions. Consequently‚ support for the abolishment of these defences has
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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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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 Case Study of Criminal Law Student’s Name College A Case Study of Criminal Law Criminal laws relate to the rules and regulations for handling criminal acts like social conducts‚ harming‚ threatening‚ or endangering one’s health‚ safety‚ moral and/or people’s welfare. Unlike civil laws which emphasize the dispute resolution and compensation of the victim‚ criminal laws punish the law breakers (Duff‚ 2010). Criminal law is unique and distinctive for handling crimes with potentially grave penalties
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