legality of the registration of various mining claims in the names of the applicants. It is important that I set out the order which I gave then and what thereafter occurred leading to the present proceedings. On 24 September 2009‚ I gave the following order: "1. African Consolidated Resources pic claims issued to the third‚ fourth‚ fifth and sixth applicants within the area previously covered by Exclusive prospecting order 1523 held by Kiniberlitic Searches (Pvt) Ltd are valid and have remained valid
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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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|Argued December 9‚ 1952 | |Reargued December 8‚ 1953 | |Decided May 17‚ 1954 | |Full case name |Oliver Brown‚ et al. v. Board of Education of Topeka‚ et | | |al. | |Citations |347 U.S. 483 (more) | |
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with no exceptions. Lord Esher stated in R v Judge of the City of London Court (1892) that this should be done even if it leads to a ’manifest absurdity’. Judges who follow this rule‚ only apply the law and do not try to interpret the law. Advantages • Provides the will of parliament • Maintains the separation of powers • Encourages consistency Disadvantages • Harsh results • Absurd results • Rigid/ mechanical • Defeats parliaments intentions - Whiteley v Chappell (1868). Defendant
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boyfriend via text message to kill himself”. It is a Massachusetts criminal law case that is about a 17-year-old girl named Michelle Carter essentially pressuring her boyfriend into committing suicide .These pressuring text messages with her late 18- year-old boyfriend Conrad Roy III ultimately resulted in the teen being charged with involuntary manslaughter. The article displays both the prosecution and defence for this case with defense stating that Carter initially tried discouraged Carter
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Criminal Conduct and Criminal Law Jessica Dorsey LEG 320 July 25‚ 2014 Strayer University CRIMINAL CONDUCT AND CRIMINAL LAW Actus rea and mens rea are both important elements to convicting anyone for any crime. The actual commitment of a criminal act is actus rea. The guilty or criminal mind state is mens rea. Despite the fact that both actus rea and mens rea do not have to exist a conviction is still very feasible. When a criminal act is committed and the individual
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------------------------------------------------- Foss v Harbottle Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company‚ the proper claimant is the company itself. This is known as "the rule in Foss v Harbottle"‚ and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the ’derivative action’‚ which allows
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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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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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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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