• Loemons
    A)Explain the role of the Magistrates court in relation to criminal cases.(14 marks) There are three main categories which are used to decide how serious the offence is. If it is a minor offence such as driving without insurance it is called a Summary offence. If it is an offence which is not...
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  • Judges
    WLR 568 Case summary the House of Lords held that the defence of duress was not available to murder. This was the ratio decidendi of the case. The House of Lords went on to consider whether the defnce should be available to those who attempt murder and stated obiter dicta that the defence of duress...
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  • Legal Studies
    State. Note that the standard on the defence team is lower, on the balance ofprobabilities. This standard is appropriate as, if on balance the defer-ice case is likeiy to be right, then there must be enough doubt for the prosecution case to fail. In terms of defences this means that when the...
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  • Court Report
    facts of the case and the conclusions of a judge or jury. “The appellate courts will interfere with the sentence only if there is an error… [may be] specific or expressly contained in the sentencing decision, or it may be a non-specific error.” (Findlay, Odgers& Yeo, 2009, p. 317) The defence...
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  • Wilson vs Pringle
    . Whether there was hostility was a question of fact in every case. Since the defence did not admit a hostile act on the part of the defendant there were liable to judicial trial issues which prevented the entry of summary judgment. The appeal would therefore be allowed, and the defendants given...
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  • Civil Ligation Process
    of 14 days after the defence is served.   Summary Judgment If the defendant has entered appearance and filed a defence, but it is clear that the defendant has no real defence to the claim, the plaintiff may apply to court for summary judgment against the defendant. To avoid summary judgment being...
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  • Reports
    you. Try to right down some of the discussion, especially the key points of the case. Make sure to report the verdict, if there is one, and the reaction of those in the courtroomafterward. 2. Return home with your notes. Create six sections to your report: Overview/Summary, Prosecution, Defense...
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  • Legal Studies Crime Notes
    . * Summary Offences - A summary offence is a less serious charge, such as shop stealing or drink driving. These cases are heard by a magistrate in a local court, without a jury. Summary offences are brought on a charge called a ‘summons’ and carry penalties of no greater than two years in prison. All...
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  • Mental Illness vs. Mental Disorder
    offence Drunkenness as a defense –  A person who gets drunk and commits a criminal offence is still responsible for his or her actions, however, there are exceptions.  First, according to case law, intoxication may be a defence to crimes of specific intent, but not to those of general intent...
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  • hello
    - Under r23.03 Summary judgment for the defendan can be given by the court at any time if the defendant has a good defence on the merits o This rule only applies when Plaintiffs case absolutely hopeless or beyond rational debate – Dey v Victorian Railways Commissioners - According to Seven...
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  • Criminal Law Unit Review
    reus and inability to prove the defence of due diligence. Crime Scene Investigation- Crime scene evidence alone does not establish guilt on its own in most cases. Source or physical evidence, police secure the scene, follow proper protocol, properly catalogue and safeguard all collected evidence...
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  • Rubbish
    claimant/plaintiff vs. defence Balance of probabilities (51% reasoning to determine innocence or guilty) Criminal case prosecution vs. defence Criminal case is beyond reasonable doubt (99% reasoning to determine innocence or guilty) Adversarial System- The adversarial system (or adversary...
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  • Towards Ethnorelativism - Milton J Bennett
    Title of the Article: Towards Ethnorelativism: A Development Model of Intercultural Sensitivity. Author of the Article: Milton J. Bennett Date of the Article: Subject or Class for which you read the Article: Organisational Behaviour Week #: Session 5: Culture Author of summary...
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  • Crime Notes
    . Either their life or someone else’s life must have been under threat. R v. Williamson (1972) NSW – the defendant disposed of a body under a death threat Consent – is often used as an absolute defence in sexual assault cases. It cannot be used in a murder case Compulsion – The accused admits to...
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  • Crime (Legal Studies) Notes
    : conditional release of a person until their case is determined by the courts. Conditions include reporting to the police on a regular basis and providing a bond (sum of money)- it is kept if they breach bail conditions. Bail should always be granted up the Summary Offences Act 1988 (NSW) and for offences that...
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  • Legal Studies Crime
    . Only the act itself is necessary for the offence to be proved. E.g. driving at over the speed limit. Ignorance of the law is no excuse. There is usually no defence for strict liability offences but in some situations an honest and reasonable mistake of fact is allowed. 3.6- Distinguishing Summary...
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  • Crime
    role is to present evidence and argument to the court in support of the prosecution case both at first instance and on appeal. It is also part of their role to conduct any relevant negotiations with the defence, e.g. charge negotiation. In the Local Court the prosecution of summary matters and...
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  • Law- Criminal Law Notes
    held responsible for helping their spouse and someone escaping with their spouse. Does this rule make any sense? CASE: R. v. Daviault As a result of the Daviault decision, Parliament passed section 33 of the Criminal Code which now limits the right to use the defence of self-induced intoxication...
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  • Defamation
    in the present case? 3.3. Does the new Defamation Act 2009 provide any Defences which could be availed of by the INJ? 4. Causes of Action 4.1. On the facts given, there are 2 possible causes of action against the publisher 1. An action for damages for Defamation against INJ under the...
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  • Civil Litigation
    last up to 52 weeks if they are complex, which may be the case with the counter claim being made. (ii) In the facts given it states that two months has passed since the delivery of the furniture and payment has still not being made, and since the claim has been made the defence has made a...
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