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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MCQs in Criminal Law Choose the best answer. 1. Sailor Kriseth is a merchant ship registered in Puerto Rico and owned by Seta Alcantara‚ a Filipino citizen. The Captain of the Ship is Captain Amerigo who is an American citizen. While passing through Laguna bay‚ the ship was searched by customs officials and they found 10 kilos of prohibited drugs. The owner and the captain of the ship were charged in the Regional Trial Court for possession of illegal drugs. Does the Philippine Courts have
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Criminal Law‚ 26/04/11‚ Dr.Filletti Theft No definition of the offence of theft; Carrara gives us a definition which has been taken up by our courts‚ “The malicious taking of an object belonging to others without the owner’s consent with the intent to make gain.” This is the definition which our court uses‚ our law simply creates one distinction for these offences. The law creates two types of theft: Simple Theft and Aggravated Theft. Simple Theft: First element is “contrectazio” this is the taking
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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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Introduction and Overview The aim of this case is to present a contemporary criminal case. The case must have occurred in the last ten years. It must be an indictable offence‚ a more serious criminal charge where the defendant has the right to trial by jury and has been found guilty. The analysis of the case will be carried out through the extent which the law balances the rights of victims and offenders. The case which I have chosen is a major indictable offence of Murder and Manslaughter- starvation
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relating to the doctrine of recent complaint (S. 275)‚ sexual reputation is not allowed to challenge credibility (S. 277)‚ rape shield law (S. 276) S. 276 was challenged in Seaboyer and Gayme as being too narrow and exceptions were changed S. 265(4) introduced mistaken belief in consent Challenged in Osolin‚ found it was simply a codification of the common law mistake of fact. 1992 – Bill C-49 This was Parliaments response to Seaboyer and Gayme. (1) Replaced old S. 276 with new provisions
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2000 CASE DIGESTS C R I M I N A L L A W SUMMARY OF DOCTRINES JUSTIFYING CIRCUMSTANCES Self-Defense The invocation of self-defense is an admission of the killing and its authorship. By this admission‚ the burden of proof shifts to the accused who must establish all elements of the justifying circumstance. The nature and number of wounds inflicted disprove the plea of self-defense because they demonstrate determined effort to kill and not just defend himself. (People v. Magayac
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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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Criminal Law and Procedure Assignment Student Name: Louiszen‚ Yip Hiu Fai Student ID: 10456052 Supposed you were the lawyer acting for Mr. Scissors Lee: 1) At the Trial of Scissors Lee‚ the prosecution would like to produce to the court the caution statements of Scissors Lee as evidence of his confession. Can you write out a list of your objections you will raise with the court to the production of the caution statement at the trial? ANS: Upon the production of the caution statement
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16443 March 21‚ 1921 FACTS: When Leona Laciste endeavored to set fire to the house of Martina Rivera in which 2 children of the latter were sleeping‚ the two women grappled and Leona Laciste was boloed to death by Martina Rivera. As a result‚ a criminal prosecution for murder was initiated in the Court of First Instance on La Union. DECISION OF THE LOWER COURT: Guilty of Homicide. ISSUE: Whether or not Martina Rivera is guilty of homicide. DECISION OF THE APPELLATE COURT: Judgment of
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