could be charged with a number of non fatal offences ranging from the lowest non fatal offences which are common assault and battery under the Criminal Justice Act 1988‚ to the higher offences assault causing actual bodily harm and grievous bodily harm under the Offence Against the Person Act (1861). In order for the attacker to be charged within the criminal courts‚ the prosecution must prove the crime is ’beyond reasonable doubt ’ (Charman‚ 2010: 211). The jury must be certain the accused is responsible
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LS160-Criminal Law and Procedure BIBLIOGRAPHY A Articles/Books/Reports Hayes‚ Robert & Eburn‚ Michael‚ Criminal Law and Procedure in NSW Chesterman‚ Michael‚ Criminal Trial Juries in Australia Crimes Act 1900‚ NSW Criminal Procedure Act Legislative Council Select Committee on the partial defence of provocation – Inquiry into the partial defence of provocation‚ July 2012 B Websites www.judcom.nsw.gov.au/publications www.hcourt.gov.au www.parliament.nsw.gov.au www.lawlink.nsw.gov
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Concept Application of Concept to the Issue of Downloading Reference to Concept in Reading Civil Law & Criminal Law Downloading music illegally can be brought under the envelope of either the civil law or the criminal law. The individual(s) or the entity(ies) that own the property(music) can file a civil lawsuit against the website that offers music for downloading. In other case a criminal case can be brought against those who download and use the music. “Civil cases may include suits
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The International Criminal Court and the United States of America Ee Wenyang‚ Jonathan S8811568F I. Introduction The United States of America has a long history of support for international criminal justice that can be traced from the Nürnberg War Crimes Trial through to the International Criminal Tribunals for Yugoslavia (“ICTY”) and Rwanda (“ICTR”).[1] Towards the close of the century‚ the United States proved itself as an ardent supporter for the creation of a
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Criminal law is worried about direct that is hostile to society in general. Common law relates basically to the obligations of private natives to each other. In common cases the question are normally between private people‚ despite the fact that the legislature may in some cases be a gathering in a common suit. Criminal cases dependably include government indictment of a person for an affirmed offense against
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the whole overall subject of criminology‚ the difference amongst blue-collar and white-collar crime as well as the broad awareness of the frequency of crime occurring in the United States. The public needs to understand the different specifics of law enforcement as well as be able to differentiate between what is real and what is not. According to (Schmalleger‚ 2009)‚
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Criminal Law Foundations Evaluations University of Phoenix CJA/484 January 8‚ 2013 Introduction The United States Constitution was created to establish the new government after the colonies and early settlers broke free from the reign of England. This document established the foundation of the federal government that still stands today. The Constitution is focused on providing both liberty and prosperity to citizens of the new state (U.S. Const. pmbl.‚ 1787). In an effort to avoid
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various cases that need to be considered to assess a crime along with a thorough explanation of corporate liability. Elements of Crime When proving that the defendant is guilty‚ there are two elements of law which are Actus Rea and Mens Rea. Actus Rea (a/r) Actus Rea is the physical element of a crime which is basically what the defendant has done and not done. Actus Rea can be: Voluntary act A failure to act A state of affairs An act (Voluntary
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Week 5 Individual Work Diane Emler Everest University Online CJL 3215-6 Concepts of Criminal Law William Elfo August 17‚ 2013 The Choice of Evil Defense is also called the General Defense of Necessity. This defense justifies an act that may be a crime but is done to prevent a greater evil. “the choice of evil’s defense consists of proving that the defendant made the right choice‚ the only choice—namely‚ the necessity of choosing now to do a lesser evil to avoid a greater evil” (Samaha‚ 2014). The
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Criminal Law notes 1.Voluntary act: Status offences – no conduct is required but the crime is committed when a certain state of affair exists or the defendant is in a certain condition or is of a particular status. R v Larsonneur (1933) – Appellant was brought involuntarily back to the UK where she was charged on being an ‘alien’. LCJ Hewart claimed the ‘circumstances are perfectly immaterial’ Winzar v Chief constable of Kent (1983) – drunk on a public highway. LJ Robert Goff claimed ‘it is enough
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