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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extent does criminal law reflect the moral and ethical standards of society? Criminal law is a construct of the government‚ enforced through tangible measures. In a democratic society‚ the government is elected by the citizens‚ and as such‚ laws are generally conceived with the aim to reflect whatever ethical or moral standards are presently acceptable. However‚ in order to be truly effective‚ some legislation must circumvent current sociological viewpoints in order to create laws that are genuinely
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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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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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CRIMINAL LAW A Criminal Law Introduction p: 2 Role of Criminal Law p: 4 Elements of a Crime p: 4 Strict and Absolute liability p: 5 Negligence Murder p: 6 Murder – different statutory approaches p: 6-8 Elements of murder p: 8 Pre-existing susceptibility Voluntary Manslaughter p: 9-10 Provocation (and abnormality of mind‚ excessive self defence) Involuntary Manslaughter p: 11-12 Unlawful
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method of regulation. The complete Criminal Code of Canada was achieved in July 1892 under the leadership of Prime Minister Sir John Thompson. Since then‚ the Criminal Code has been revised numerous times to accommodate the needs of changing principles of what is “right” and “wrong”. This is where the control of “areas of morality” comes into question how did‚ and does‚ our Canadian Criminal Code control morality‚ and where does this leave our future criminal legal system? Most recently Supreme
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Antigone: Moral Law vs Civil Law When it comes to morality‚ what is right and wrong based on a person’s personal beliefs‚ the story of Antigone is a great literary reference towards the internal struggles of an individual’s morality. Antigone chose to attribute herself with moral law instead of Creon’s rash and destructive civil law. Antigone felt that no one had the right to decide another’s fate‚ let alone the fate of someone else’s deceased body. Antigone believed that her brother deserved a
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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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LAW 2014 Exam Review Checklist CANADIAN LEGAL SYTEM Purposes of law – 1) To maintain the integrity of state boundaries‚ 2) To maintain law and order‚ 3) To protect citizens from each other‚ 4) To provide a civilized forum for resolving disputes between citizens. 5) To protect citizens from illegal or oppressive government action 6) Provide a civilized forum for resolving disputes between citizens and government 7) Establish and maintain standards relating to areas such as health‚ education
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Criminal Law Evaluation Paper CJA/35 Criminal Law Evaluation Paper The United States Criminal Justice system revolves around Criminal Law. Criminal Law is a vital part of the criminal justice system. According to “Cornell University law School” (2010)‚ “criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Criminal Law). Criminal law characterizes crime. The procedures for the rules of trials and punishments for the offenders
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