A CASEBOOK ON SCOTTISH CRIMINAL LAW
|
|
- Phyllis Booth
- 6 years ago
- Views:
Transcription
1 A CASEBOOK ON SCOTTISH CRIMINAL LAW Fourth Edition Christopher H.W. Gane, LL.B., Professor of Scots Law, University of Aberdeen Charles N. Stoddart, LL.B., LL.M. (McGill), Ph.D., Formerly Sheriff of Lothian and Borders at Edinburgh James Chalmers, LL.B., LL.M, Dip.L.P., Senior Lecturer in Law, University of Edinburgh W. GREEN SOS THOMSON REUTERS
2 CONTENTS Preface to Fourth Edition Preface to Third Edition Preface to Second Edition Preface to First Edition Table of Cases Table of Statutes Table of Statutory Instruments Table of Conventions Page v vii ix xi xxi xlv li liii PART I GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 1 SOURCES OF SCOTTISH CRIMINAL LAW 1. INTRODUCTION 1 2. SOURCES OF THE CRIMINAL LAW IN SCOTLAND 2 A. Legislation 2 (a) Acts of the United Kingdom Parliament 2 (b) Acts of the Scottish Parliament 3 (c) Acts of the Parliaments of Scotland 5 (d) Subordinate legislation 5 (e) Interpreting criminal statutes 6 B. The common law 6 (a) Judicial development of the common law 6 (b) The declaratory power of the High Court 7 (c) Judicial precedent and criminal law 8 C. Legal writings 9 D. European law 10 E. Human rights 10 (a) The construction of legislation 18 (b) Convention rights and the common law 18 (c) Convention rights and acts of the Scottish Executive 18 F. Other aspects of international law THE SCOTTISH CRIMINAL JUSTICE SYSTEM 20 A. Solemn and summary procedure 20 B. The criminal courts 21 (a) The High Court 21 (b) The sheriff court 21 (c) The justice of the peace court 21 (d) The Judicial Committee of the Privy Council: "Devolution Issues" 22 (e) Criminal appeals 22 C. The presumption of innocence and the burden of proof 22 D. The investigation and prosecution of offences 25
3 xiv CONTENTS CHAPTER 2 ACTUS REUS AND MENS REA 1. THE ANATOMY OF A CRIME: ACTUS REUS, MENS REA AND DEFENCES THE CONDUCT ELEMENT IN CRIME: ACTUS REUS 30 A. Criminal acts 30 B. Criminal omissions 31 (a) Breach of a duty imposed by law 31 (b) Duty assumed by the accused 37 (c) Discharging the duty 38 C. States of affairs THE MENTAL ELEMENT IN CRIME: MENS REA 44 A. General approaches to the mental element 44 (a) Normative and descriptive approaches 44 (b) Objective and subjective mens rea 47 B. Particular forms of the mental element 48 (a) Intention 48 (b) Recklessness 50 (c) Knowledge and wilful blindness 53 C. Transferred mens rea 53 D. Error 56 (a) Error of fact 56 (b) Error of law 58 E. Motive COINCIDENCE OF ACTUS REUS AND MENS REA 60 CHAPTER 3 STRICT, VICARIOUS AND CORPORATE RESPONSIBILITY 1. STRICT RESPONSIBILITY 68 A. Strict responsibility and human rights 68 B. The presumption in favour of mens rea 71 C. Terms implying mens rea 75 (a) "Knowingly" 76 (b) "Causing" and "permitting" 77 (c) Possession VICARIOUS RESPONSIBILITY DEFENCES TO CHARGES INVOLVING STRICT AND VICARIOUS RESPONSIBILITY CORPORATE RESPONSIBILITY 95 CHAPTER 4 CAUSATION 1. FACTUAL AND LEGAL CAUSATION CAUSAL CRITERIA SUBSISTING CONDITIONS 106 A. Medical conditions 106 B. Other personal circumstances or conditions 107 C. Other subsisting conditions SUPERVENING CAUSES: NOVUS ACTUS INTERVENIENS 109 A. The victim's contribution 109 (a) Consumption of harmful substances supplied to the victim 109
4 CONTENTS XV (b) Disregard of medical advice by the victim 123 (c) Measures of self-protection by the victim: escape 124 (d) Self-endangerment by the victim: rescue cases 127 (e) Deliberate self-harm by the victim 127 B. Third party interventions 132 (a) Medical treatment 132 (b) Other "therapeutic" interventions 133 (c) Non-medical intervention by a third party 134 C. Supervening events 137 CHAPTER 5 ART AND PART LIABILITY 1. THE BASIC PRINCIPLE ACQUITTAL OF CO-ACCUSED ESTABLISHING THE COMMON PURPOSE 148 (a) Assistance prior to the commission of the offence 148 (b) Participation in the commission of the offence 149 (c) Joining in an offence already under way 151 (d) Assistance after the offence WITHDRAWAL FROM THE COMMON PURPOSE RESPONSIBILITY FOR THE CONSEQUENCES EXCLUSION OF ART AND PART GUILT 171 A. Victims and art and part guilt 171 B. Offences excluding art and part liability ART AND PART IN STATUTORY OFFENCES 173 CHAPTER 6 INCHOATE OFFENCES 1. INCITEMENT CONSPIRACY 177 A. The general definition of conspiracy 178 B. The requirement of more than one party 181 C. Conspiracy and the "sub-heads" 186 D. Conspiracies with a foreign element 187 E. Withdrawal from the conspiracy ATTEMPTS 190 A. The actus reus of attempted crime 190 (a) Moving from preparation to perpetration 191 (b) The last act required of the accused for completion of the crime 192 (c) The opportunity for effective repentance 194 B. The mental element in attempted crime IMPOSSIBILITY COMBINATION OF INCHOATE OFFENCES 206 CHAPTER 7 DEFENCES 1. THE NATURE OF DEFENCES 207 A. Introduction: how defences work 207 B. Special defences 207
5 xvi CONTENTS C. Justification and excuse JUSTIFICATION 209 A. The use of force in self-defence and the defence of public interests 209 B. Other cases of use of force 218 C. Human rights 222 D. Compliance with European Union law 222 E. Compliance with international law EXCUSES 225 A. Lack of capacity 225 (a) Non-age 225 (b) Insanity 228 (c) Diminished responsibility 233 (d) Automatism 234 (e) Voluntary intoxication 250 B. Consent 258 C. Threats and compulsion 258 (a) Coercion 259 (b) Necessity 265 (c) Superior orders 275 D. Provocation 279 E. Entrapment 279 PART II OFFENCES AGAINST PERSONAL INTEGRITY CHAPTER 8 NON-FATAL OFFENCES AGAINST THE PERSON 1. ASSAULT 284 A. The actus reus of assault 284 B. The mens rea of assault AGGRAVATED ASSAULTS 292 Mens rea in aggravated assault JUSTIFICATION AND EXCUSE IN ASSAULT 301 A. Lawful chastisement 301 (a) The limits of lawful chastisement 301 (b) The legal foundation of the defence 302 B. Consent 303 C. Provocation RECKLESS INJURY AND RECKLESS ENDANGERMENT 310 A. The actus reus of reckless injury 311 B. The actus reus of reckless endangerment 318 C. The mens rea of reckless injury and reckless endangerment: what kind of recklessness is required? CAUSING REAL INJURY ABDUCTION ILL-TREATMENT OF PERSONS UNDER SIXTEEN 335 A. What constitutes "neglect"? 336 B. What is "wilful" neglect? ISSUING THREATS STALKING AND HARASSMENT "HATE CRIME": DISPLAYING RACIAL OR RELIGIOUS PREJUDICE PREVENTIVE OFFENCES: KNIVES AND OTHER WEAPONS 354
6 CONTENTS xvii CHAPTER 9 SEXUAL OFFENCES 1. RAPE AND SEXUAL ASSAULTS SEXUAL COERCION SEXUAL EXPOSURE AND VOYEURISM CONSENT AND REASONABLE BELIEF 370 A. Consent 370 B. Belief in consent OFFENCES INVOLVING CHILDREN AND YOUNG PERSONS 377 A. The existing law 377 (a) Sexual intercourse with girb under (b) Lewd, indecent and libidinous practices and behaviour 377 B. The 2009 Act 379 (a) Offences against young children 379 (b) Offences against older children INCEST AND RELATED OFFENCES 386 A. Incest (s.l of the 1995 Act) 387 B. Intercourse with a step-child (s.2 of the 1995 Act) 387 C. Intercourse with a child under 16 by a person in a position of trust (s3 of the 1995 Act) HOMOSEXUAL OFFENCES 388 A. Sexual acts between men 388 B. Sexual acts between women OFFENCES RELATING TO PROSTITUTION 389 A. Soliciting for the purpose of prostitution 389 B. Living on the earnings of prostitution 390 CHAPTER 10 HOMICIDE AND RELATED MATTERS 1. THE ACTUS REUS OF HOMICIDE 395 A. The beginning of life 395 B. The end of life 400 C. The protection of the unborn child 403 (a) Abortion 403 (b) Concealment of pregnancy 406 D. The death of another suicide, assisted suicide and related questions MURDER 408 A. The distinguishing feature of murder 408 B. (Wickedly) intentional killing 409 C. Wicked recklessness 410 (a) The nature of wicked recklessness 410 (b) Wicked recklessness and intention to do bodily harm 413 (c) How reckless must recklessness be to be "wicked"? 420 (d) Wicked recklessness and indifference to the consequences 425 D. Constructive murder? Killing in the course of other crimes CULPABLE HOMICIDE 429 A. Voluntary culpable homicide or "mitigated murder" 429 (a) Killing under provocation 429 (b) Diminished responsibility 447 B. "Involuntary" culpable homicide 462
7 xviii CONTENTS (a) Reckless killing 462 (b) Death resulting from an unlawful act: assault resulting in death 468 (c) Death resulting from an unlawful act: other cases 470 PART III OFFENCES AGAINST PROPERTY INTERESTS Chapter 11 THEFT, EMBEZZLEMENT AND RELATED OFFENCES 1. THEFT 472 A. The actus reus of theft 472 (a) From "taking" to "appropriation" 472 (b) Property that can be stolen 482 (c) Belonging to another 487 (d) Without consent 489 B. The mens rea of theft 491 (a) The intention to deprive 491 (b) Dishonesty HOUSEBREAKING, OPENING LOCKFAST PLACES AND PREPARATORY OR PREVENTIVE OFFENCES 500 A. Housebreaking 500 (a) What constitutes "housebreaking"? 500 (b) The purpose of the housebreaking 502 B. Opening lockfast places 505 C. Other preparatory and preventive offences EMBEZZLEMENT 508 A. Embezzlement: what is it? 508 B. Distinguishing theft from embezzlement 509 C. Mens rea of embezzlement OFFENCES OF TEMPORARY DEPRIVATION 515 A. Clandestine taking and using 515 B. Taking and driving away motor vehicles 517 CHAPTER 12 ROBBERTY AND EXTORTION 1. ROBBERY 518 A. Theft and robbery 518 B. Robbery and violence 518 C. Assault and robbery 519 D. Threats 520 E. The timing and the purpose of the violence 520 F. Robbery of a ship: piracy EXTORTION 523 CHAPTER 13 FRAUD, FORGERY AND UTTERING 1. FRAUD 531 A. The actus reus of common law fraud 531 (a) The false pretence 531
8 CONTENTS xix (b) The practical result 537 (c) The causal connection 539 B. The mens rea of fraud FORGERY AND UTTERING 541 CHAPTER 14 RESET 1. THE ACTUS REUS OF RESET 545 A. The concept of being "privy to the retention" of property dishonestly acquired 545 B. Theft and reset mutually exclusive 549 C. What can be resetted? 549 D. The wife's privilege 550 E. When does property cease to be stolen? THE MENS REA OF RESET 552 A. Guilty knowledge 552 B. Intention to keep from the owner 553 CHAPTER 15 DAMAGING AND DESTROYING PROPERTY 1. MALICIOUS MISCHIEF 554 A. The actus reus of malicious mischief 554 B. The mens rea of malicious mischief FIRE-RAISING VANDALISM 581 PART IV OFFENCES AGAINST COMMUNITY INTERESTS CHAPTER 16 OFFENCES AGAINST PUBLIC ORDER AND DECENCY 1. BREACH OF THE PEACE 585 A. The actus reus of breach of the peace 586 B. The mens rea of breach of the peace MOBBING PUBLIC INDECENCY 601 CHAPTER 17 OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE 1. WASTING POLICE TIME BY GIVING FALSE INFORMATION PERVERTING OR ATTEMPTING TO PERVERT THE COURSE OF JUSTICE PERJURY OFFENCES INVOLVING CONVICTED PERSONS 628 A. Harbouring or concealing a convicted person 628 B. Escaping from lawful custody CONTEMPT OF COURT 632 A. Contempt in the face of the court 633
9 xx CONTENTS (a) Misconduct in court 633 (b) Failure by witnesses, parties or legal representatives to appear 636 (c) Prevarication by witnesses 639 B. Protection from prejudicial pre-trial publicity 641 Index 643
CRIMINAL LAW. Sweet &. Maxwell's Textbook Series. 4th edition
CRIMINAL LAW Sweet &. Maxwell's Textbook Series 4th edition Alan Reed, M.A., LL.M., Solicitor Professor of Criminal and Private International Law, University of Sunderland and Ben Fitzpatrick, B.A., P.G.C.L.T.H.E.
More informationCRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA
CRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA ROUND HALL THOMSON REUTERS TABLE OF CONTENTS Foreword Preface Table of Cases Table of vii ix xix xxxi CHAPTER 1 GENERAL PRINCIPLES 1 Defining the Criminal Law 1 Background
More informationCRIMINAL LAW: TEXT AND MATERIALS
CRIMINAL LAW: TEXT AND MATERIALS Fifth Edition by C. M. V. CLARKSON, B.A.,LL.B.,LL.M. Trofessor oflaw, University ofleicester H. M. KEATING, LL.M. Senior Lecturer in Law, University ofsussex LONDON SWEET
More informationThe Sources of and Limits on Criminal Law 1
CONTENTS Preface xiii Acknowledgments About the Author xv xvii I. CHAPTER 1 The Sources of and Limits on Criminal Law 1 A. Introduction 1 1. The Purpose of Criminal Law 1 a) Morality and Blame 2 b) The
More informationContents PART 1: CRIMINAL LIABILITY. Table of Statutes. Table of Secondary Legislation. Table of Cases
Contents Table of Statutes Table of Secondary Legislation Table of Cases PART 1: CRIMINAL LIABILITY Chapter 1: Fundamental Principles of Criminal Liability 1: Actus Reus 1.1 Introduction 1.2 Conduct as
More informationCriminal Law. Text, Cases, and Materials. Janet Loveless. Third Edition UNIVERSITY PRESS
Criminal Law Text, Cases, and Materials Third Edition Janet Loveless UNIVERSITY PRESS Contents Guide to using the book Guide to the Online Resource Centre this edition Preface Acknowledgements Table cases
More informationCriminal Law Doctrine and Theory
Criminal Law Doctrine and Theory Third edition William Wilson Hartow, England - London New York Boston San f rancisco Toronto Sydney Tokyo Singapore Mong Kong Seoul Taipei New Delhi Cape Town Madrid Mexico
More informationCriminal Law Outline intent crime
This outline was created for the July 2006 Oregon bar exam. The law changes over time, so use with caution. If you would like an editable version of this outline, go to www.barexammind.com/outlines. Criminal
More informationHSC Legal Studies. Year 2017 Mark Pages 46 Published Feb 6, Legal Studies: Crime. By Rose (99.4 ATAR)
HSC Legal Studies Year 2017 Mark 97.00 Pages 46 Published Feb 6, 2017 Legal Studies: Crime By Rose (99.4 ATAR) Powered by TCPDF (www.tcpdf.org) Your notes author, Rose. Rose achieved an ATAR of 99.4 in
More information1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention
1) 11 CHOOSE THE BEST CHOICE AND MARK IT ON YOUR ANSWER SHEET. Part A: Fill in the Blanks 1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention. A person is where
More informationCENTRAL LAW PUBLICATIONS. LAW PUBLISHERS & BOOK SELLERS 107, DARBflANGA COLONY, ALLAHABAD (INDIA)
[ACT NO. XLV OF I860] (As amended by Information Technology Act, 2000) By R.N. SAXENAMAUB Formerly Lecturer, C.M.P. Degree College, Allahabad Author of: "A Text Book on Code of Criminal Procedure.' Revised
More informationJEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington
JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW 3 Credit Hours Prepared by: Mark A. Byington Revised by: Mark A. Byington Revised Date: August 2014 Dr. Sandy Frey, Chair, Social Science Division
More informationTABLE OF CONTENTS. Preface... Major Works Referred to... INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1
Preface... Major Works Referred to... v ix Chapter 1 INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1 A. Canada s Criminal Code... 2 B. Rocky Road to General Part... 4 C. Sources of Criminal Law...
More informationJEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington
JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW 3 Credit Hours Prepared by: Mark A. Byington Revised by: Mark A. Byington Revised date: August 2014 Dr. Sandy Frey, Chair, Social Science Division
More informationAdministrative-Master Syllabus form approved June/2006 revised Page 1 of 1
revised 11-02-06 Page 1 of 1 Administrative - Master Syllabus I. Topical Outline Each offering of this course must include the following topics (be sure to include information regarding lab, practicum,
More informationPolicing and Crime Bill
Policing and Crime Bill AMENDMENTS TO BE MOVED IN COMMITTEE OF THE WHOLE HOUSE [Supplementary to the Marshalled List] Page 88, line 45, at end insert Clause 67 BARONESS WILLIAMS OF TRAFFORD ( ) Where an
More informationPART 1: THE FUNDAMENTALS...
Contents PART 1: THE FUNDAMENTALS... 6 The Fundamentals of Criminal Law (CHAPTER 1)... 6 Sources of criminal law:... 6 Criminal capacity:... 7 Children:... 7 Corporations:... 7 Classifications of crimes:...
More informationI. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i.
I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i. A specific intent crime is one in which an actual intent on the part of the
More informationFACTSHEET: MAPPING CRIME CLASSIFICATIONS
FACTSHEET: MAPPING CRIME CLASSIFICATIONS This factsheet is designed to help you understand how the different crime classifications (categories of offences) used by the different sources of recorded crime
More informationPARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA PREVENTION OF CRIMES (AMENDMENT) ACT, No. 29 OF 2017 [Certified on 18th of November, 2017] Printed on the Order of Government Published as a
More informationHong Kong, China-Malaysia Extradition Treaty
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationChoose the best choice and mark it on your answer sheet. Part A: Fill in the Blanks
: : : : ( ) : : : : : / Choose the best choice and mark it on your answer sheet. Part A: Fill in the Blanks 1-The physical element of a crime is the 1. mens rea 2. actus reus 3. offence 4. intention 2-A
More informationCredit: 3 semester credit hours Prerequisite/Co-requisite: None. Course Description. Required Textbook and Materials
Fundamentals of Criminal Law (CJSA 1327) Credit: 3 semester credit hours Prerequisite/Co-requisite: None Course Description A study of the nature of criminal law; philosophical and historical development;
More informationOffences which must be disclosed on a Higher Level Disclosure (Standard, Enhanced and PVG Scheme Record) unless a sheriff orders otherwise
Adult Support and Protection (Scotland) Act 2007, s19 Adults with Incapacity (Scotland) Act 2000, s.83 Air Navigation Order 1985, Art 47 Air Navigation Order 1989, Art 50 Air Navigation Order 1989, Art
More informationLAW1114: CRIMINAL LAW EXAM NOTES
LAW1114: CRIMINAL LAW EXAM NOTES CONTENTS TOPIC COMMON OTHER 1 S OF A CRIME 2 NON- FATAL, NON- SEXUAL AGAINST THE PERSON 3 SEXUAL 4 HOMICIDE 5 DEFENCES AR (p3) - Positive, voluntary act (PVA) - Causation
More informationIRISH CRIME CLASSIFICATION SYSTEM (ICCS)
IRISH CRIME CLASSIFICATION SYSTEM (ICCS) Version 2.0 05/01/2017 01 Homicide Offences 011 Murder/Manslaughter/Infanticide 0111 Murder 0112 Manslaughter 0113 Infanticide 012 Dangerous Driving Leading to
More informationTREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA FOR THE EXTRADITION OF FUGITIVES
TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA FOR THE EXTRADITION OF FUGITIVES TABLE OF CONTENTS ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE
More informationSTATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK
STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 221 CRIMINAL PRACTICE Last Revised By: Alexander Lesyk SCHOOL OF BUSINESS AND LIBERAL ARTS March 2015 A. TITLE: Criminal
More informationState Qualifying Exam Preparation Guide
State Qualifying Exam Preparation Guide (CJ) Exams developed in partnership with Cengage Learning. Book Information Criminal Law and Procedure Author: Daniel E. Hall ISBN-13: 9781285448817 7th Edition
More informationCriminal Law in Greece
Criminal Law in Greece by Ilias G. Anagnostopoulos and Konstantinos D. Magliveras 2000 Kluwer Law International The Hague London Boston Sakkoulas Athens The Authors 3 List of Abbreviations 17 General Introduction
More informationSergeants OSPRE Part 1 Statistics - Evidence
Sergeants OSPRE Part 1 Statistics - Evidence Topic 2009 2010 2011 2012 2013 Probability Rating 7 Question 6 Question 6 Question 5 Question 4 Question 5.6 Questions Grounds for Refusing Bail x2 Police Bail
More informationSubject Area Breakdown NPPF Step 2 Sergeants Examination Actus Reus (Criminal. Crime Criminal Damage Arson Contamination or Interference
Subject Area Breakdown NPPF Step 2 Sergeants Examination 2017 Book Subject Subset Child Protection Child Abduction Child Protection Child Cruelty Police Powers under the Child Protection Actus Reus (Criminal
More informationHong Kong, China-Singapore Extradition Treaty
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CRIMINAL LAW ESSAY
I. PRINCIPLES OF CRIMINAL LAW a. Actus reus b. Mens rea c. Concurrence d. Causation II. III. ESSAY APPROACH www.barexamdoctor.com CRIMINAL LAW ESSAY ACCOMPLICE LIABILITY a. Elements of accomplice liability
More informationUNIT 2 Part 1 CRIMINAL LAW
UNIT 2 Part 1 CRIMINAL LAW 1 OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. NBEA STANDARD I: Analyze the
More informationAustralian Treaty Series 1976 No 10
1 of 8 7/29/2012 10:41 PM Australian Treaty Series [Index] [Global Search] [Database Search] [Notes] [Noteup] [Context] [No Context] [Help] Australian Treaty Series 1976 No 10 DEPARTMENT OF FOREIGN AFFAIRS
More informationMINNESOTA STATUTES 2016
1 MINNESOTA STATUTES 2016 245C.15 245C.15 DISQUALIFYING CRIMES OR CONDUCT. Subdivision 1. Permanent disqualification. (a) An individual is disqualified under section 245C.14 if: (1) regardless of how much
More informationJUNE 2012 EXAMINATION DATE: 12 JUNE 2012 DURATION: 2 HOURS PASS MARK: 40% (UU-50)
CRIGEN6 JUNE 2012 EXAMINATION DATE: 12 JUNE 2012 TIME: 09H00 11H00 TOTAL: 100 MARKS DURATION: 2 HOURS PASS MARK: 40% (UU-50) CRIMINAL LAW THIS EXAMINATION PAPER CONSISTS OF 4 SECTIONS: SECTION A: CONSISTS
More informationInspectors OSPRE Part 1 Statistics - Crime
Inspectors OSPRE Part 1 Statistics - Crime Topic 2008 2009 2010 2011 2012 Probability Ratings 1 Question 5 Questions 4 Questions 3 Questions 3 Questions 3.2 Questions Child abduction Child Abduction x
More informationCOLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE
COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE Title: Limited Access Programs Admission: Criminal Background Restrictions Page 1 of 4 Implementing Procedure for Policy #: 7.00 Date Approved: 8/16/06
More informationIndex. MISCARRIAGE, 268, ACCOMPLICES accomplice to attempt, attempt to aid and abet, counselling,
Index ABANDONMENT abandonment going to elements of offence, 50 51, 328 329 defence of abandonment arguments against, 326 328 arguments for, 323 325 availability Australia, 317 319 Canada and England, 312
More informationManagement Information Division Area Reports: Quarter /19
THESE DATA ARE POLICE SCOTLAND MANAGEMENT INFORMATION, NOT RECORDED CRIME STATISTICS Management Information Division Area Reports: Quarter 1 2018/19 THESE DATA ARE POLICE SCOTLAND MANAGEMENT INFORMATION,
More informationNew Zealand International Extradition Treaty with the United States
New Zealand International Extradition Treaty with the United States January 12, 1970, Date-Signed December 8, 1970, Date-In-Force STATUS: Treaty signed at Washington on January 12, 1970. Ratification advised
More informationSEXUAL OFFENCES (SCOTLAND) BILL
SEXUAL OFFENCES (SCOTLAND) BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) CONTENTS 1. As required under Rule 9.3 of the Parliament s Standing Orders, the following documents are published to
More informationDouble Jeopardy (Scotland) Bill [AS INTRODUCED]
Double Jeopardy (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Rule against double jeopardy Double jeopardy Exceptions to rule against double jeopardy 2 Tainted acquittals 3 Admission made or becoming
More informationSubject Area Breakdown NPPF Step 2 Inspectors Examination Actus Reus (Criminal. Crime Crime Child Protection Child Abduction
Subject Area Breakdown NPPF Step 2 Inspectors Examination 2017 Book Subject Subset Principals and Accessories Causal Link or Chain of Causation Intervening Act Omissions Child Protection Child Abduction
More informationCRIMINAL OFFENCES. Chapter 9
CRIMINAL OFFENCES Chapter 9 LEVELS OF OFFENCES In the Canadian legal system we have three levels of criminal offences. Summary Conviction Offences Indictable Offences Hybrid Offences LEVELS OF OFFENCES:
More informationOBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property.
UNIT 2 CRIMINAL LAW 1 OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. NBEA STANDARD I: Analyze the different
More informationOffence and Outcomes Year on Year % change, for Hertfordshire Constabulary.
Offence and Outcomes Year on Year % change, for Hertfordshire Constabulary. Violence Against the Person Total 16323 13468 21.20% 3513 21.52% 3613 26.83% -5.30% Homicide 10 5 100.00% 10 100.00% 5 100.00%
More informationSecond Look Series CRIMINAL LAW OUTLINE
CRIMINAL LAW OUTLINE 1. Basic Considerations a. Jurisdiction State where an act or omission constituting an element of the offense took place b. Felonies Crimes punishable by death or imprisonment for
More information1 California Criminal Law (4th), Crimes Against the Person
1 California Criminal Law (4th), Crimes Against the Person I. ASSAULT AND BATTERY A. In General. 1. Nature of Offenses. (a) [ 1] In General. (b) [ 2] Relationship Between Offenses. (c) [ 3] Classification
More informationCRIMINAL LAW FINAL EXAM SUMMARY
CRIMINAL LAW FINAL EXAM SUMMARY Contents WEEK ONE CONTENT... Error! Bookmark not Woolmington v DPP [1935]... 7 Green v The Queen (1971)... 7 Youseff (1990)... 7 Zecevic v DPP (1987)... 7 WEEK 2 CONTENT...
More informationAGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA FOR THE SURRENDER OF FUGITIVE OFFENDERS
AGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA FOR THE SURRENDER OF FUGITIVE OFFENDERS The Government of Hong Kong, having been duly authorised to conclude
More informationCriminal Law Exam Notes
Criminal Law Exam Notes Contents LARCENY... Error! Bookmark not defined. Actus Reus... Error! Bookmark not defined. Taking & Carrying Away... Error! Bookmark not defined. Property Capable of Being Stolen...
More informationCHAPTER. Criminal Law
CHAPTER 4 Criminal Law 1 Law A law is 2 What Do Laws Do? Laws help to: How do they do this? Give Example 3 Where are our laws? Laws are found in statutory provisions and constitutional enactments, as well
More informationCONTENTS VOLUME 1. PRINCIPLES OF SENTENCING by R. Paul Nadin-Davis PROLEGOMENON TO THE PRINCIPLES OF SENTENCING
VOLUME 1 Preface... iii User s Guide... UG-1 Full Judgment and Photocopy Service Order Form... unnumbered Comparative Classification Table [Volumes 1980 to 1993]... CC-1 Comparative Classification Table
More informationExtradition (United States of America) Regulations
Extradition (United States of America) Regulations Statutory Rules 1988 No. 298 as amended made under the Extradition Act 1988 This compilation was prepared on 22 November 2000 taking into account amendments
More informationGOULD S BAR EXAM FLASH CARDS FOR CRIMINAL LAW
Gould's Bar Examination Flash Card Series GOULD S BAR EXAM FLASH CARDS FOR GOULD S LEGAL EDUCATION Providing Quality Learning Solutions to All Law Students WEBSITE http://www.gouldslegaleducation.com OFFICE
More informationCriminal Justice: A Brief Introduction Twelfth Edition
Criminal Justice: A Brief Introduction Twelfth Edition Chapter 3 Criminal Law The Nature and Purpose of Law (1 of 2) Law A rule of conduct, generally found enacted in the form of a statute, that proscribes
More informationAttempts. -an attempt can be charged separately or be found as an included offence.
Attempts Crim law: week 10 Section 24(1) of the Criminal Code Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty
More informationCriminal Code Act 1995
Criminal Code Act 1995 No. 12, 1995 as amended Compilation start date: 30 October 2014 Includes amendments up to: Act No. 108, 2014 This compilation has been split into 2 volumes Volume 1: sections 1 5
More informationA short notes on crime
A short notes on crime Denasar Boro LLB. Final Semester, ULCGU Crime is an act or omission which is prohibited or forbidden by law which affects the society or public at large and it always committed against
More informationContents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2
Contents Table of Cases ix Table of Statutes xiii Acknowledgements xv Introduction xvi How to Use This Book xvi How to Get the Most from This Course 2 Researching Legal Concepts 2 Making Notes 2 Studying
More informationMLL214 CRIMINAL LAW NOTES
MLL214 CRIMINAL LAW NOTES Contents Topic 1: Course Overview... 3 Sources of Criminal Law... 4 Requirements for Criminal Liability... 4 Topic 2: Homicide and Actus Reus... Error! Bookmark not defined. Unlawful
More informationCRIM EXAM NOTES. Table of Contents. Weeks 1-4
CRIM EXAM NOTES Weeks 1-4 Table of Contents Setup (jurisdiction, BOP, onus)... 2 Elements, AR, Voluntariness... 3 Voluntariness, Automatism... 4 MR (intention, reckless, knowledge, negligence)... 5 Concurrence...
More information4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?
1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, 14 2. What is the purpose of Law? Laws reflect the values and beliefs of a society. A rule enforced by government 3. What are laws? 1)Set
More informationUNIFORM FELONY BAIL SCHEDULE (PENAL CODE)
32 Accessory 10,000 67 Bribery of Executive Officer 10,000 67.5 Bribery of Ministerial Officer, Employee of Appointee 10,000 68 Any Public Officer of Employee Accepting or Soliciting a Bribe 15,000 69
More informationCriminal Justice in America CJ Chapter 4 James J. Drylie, Ph.D.
Criminal Justice in America CJ 2600 Chapter 4 James J. Drylie, Ph.D. Criminal Law Law is a rule of conduct that is generally found in the form of a statute. Law proscribes or mandates certain forms of
More informationCRIMINAL LAW OUTLINE1
DAN WILSON'S OUTLINES My outlines are not intended to be definitive, comprehensive treatments of the various subjects. They are offered to show the thought processes of a successful bar study process.
More informationCriminal Law II Overview Jan June 2006
Inchoate Liability Incitement Incitement is the common law offence (see Whitehouse [1977]) of influencing the mind of another whilst intending him to commit a crime. Its actus reus is the actual communication
More information692 Part VI.b Excuse Defenses
692 Part VI.b Excuse Defenses THE LAW New York Penal Code (1999) Part 3. Specific Offenses Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation Article
More informationTREATY ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND AUSTRALIA
BILATERAL EXTRADITION TREATIES AUSTRALIA Extradition TIAS 8234 27 U.S.T. 957; 1974 U.S.T. LEXIS 130 May 14, 1974, Date-Signed May 8, 1976, Date-In-Force STATUS: [*1] Treaty signed at Washington May 14,
More informationCHAPTER 368 THE EXTRADITION ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS
CHAPTER 368 THE EXTRADITION ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY PROVISIONS PART II THE SURRENDER OF FUGITIVE
More informationBARRIER CRIMES FOR CHILD DAY PROGRAMS
BARRIER CRIMES FOR CHILD DAY PROGRAMS including Revised May 2011 Licensed child day centers Religiously exempt child day centers Certified pre-schools Licensed family day homes Voluntarily registered family
More informationSPECIAL OLYMPICS BC POLICY MANUAL
Page: 1 of 5 Special Olympics BC is a volunteer-based organization and we depend on the efforts, time, skills, and judgment of volunteers to fulfill our mandate to assist individuals with intellectual
More informationOffences specified in Schedule 15 to the Criminal Justice Act 2003
Offences specified in Schedule 15 to the Criminal Justice Act 2003 Part 1 Specified Violent Offences 1 Manslaughter. 2 Kidnapping. 3 False imprisonment. 4 An offence under section 4 of the Offences against
More informationCourse breakdown 1) Theory 2) Offences 3) Extended liability 4) Defences 5) Procedure
Course breakdown 1) Theory a. Principles, classic model & criminal method b. Element analysis 2) Offences a. Dishonesty b. Unlawful killing c. Non-fatal offences against the person d. Sexual offences 3)
More informationSYLLABUS FORM WESTCHESTER COMMUNITY COLLEGE Valhalla, NY lo595. l. COURSE #: POL NAME OF ORIGINATOR /REVISOR: Dr. David Wedlick/Stephen Arienta
SYLLABUS FORM WESTCHESTER COMMUNITY COLLEGE Valhalla, NY lo595 l. COURSE #: POL211 2. NAME OF ORIGINATOR /REVISOR: Dr. David Wedlick/Stephen Arienta NAME OF COURSE: BASIC CRIMINAL LAW & PROCEDURE 3. CURRENT
More informationSWORN STATEMENT OR AFFIRMATION FOR CHILD DAY PROGRAMS Please Print. Last Name First Middle Maiden Social Security Number
DEPARTMENT OF SOCIAL SERVICES (Model Form) Page 1 of 2 SWORN STATEMENT OR AFFIRMATION FOR CHILD DAY PROGRAMS Please Print Last Name First Middle Maiden Social Security Number Current Mailing Address Street,
More informationLESOTHO. Government Gazette. Vol. 57 Friday-9th March, 2012 No. 30 CONTENTS ACT. 6 Penal Code Act, GOVERNMENT NOTICES
Government Gazette LESOTHO Vol. 57 Friday-9th March, 2012 No. 30 CONTENTS No. Page ACT 6 Penal Code Act, 2010... 523 GOVERNMENT NOTICES 11 Statement of Objects and Reasons of the... 591 Penal Code Act,
More informationVANUATU PENAL CODE 119 VANUATU PENAL CODE. D.E. Paterson*
VANUATU PENAL CODE 119 VANUATU PENAL CODE D.E. Paterson* The Penal Code of Vanuatu is provided in the Penal Code Act 1981 which was enacted within twelve months of the country becoming independent from
More informationDefenses for the Accused. Chapter 10
Defenses for the Accused Chapter 10 Denial A defense is the denial of committing the act or giving justification of what otherwise would be considered a criminal act. The most common defense for an accused
More informationNEVADA COUNTY SHERIFF S OFFICE
NEVADA COUNTY SHERIFF S OFFICE GENERAL ORDER 69 Effective Date 01/01/2018 SUBJECT PURPOSE POLICY COOPERATION WITH IMMIGRATION AUTHORITIES AND U VISA The purpose of this order is to provide employees with
More information"We would like to acknowledge that we are meeting on the traditional territories of the Lhtako Dene Nation"
QUESNEL SCHOOL DISTRICT BOARD OF EDUCATION HUMAN RESOURCES COMMITTEE MEETING ADMINISTRATION BUILDING NOTICE OF MEETING AND AGENDA THURSDAY, MARCH 30, 2017 Page 1 Call to Order 2:15 P.M. "We would like
More informationSection 20 Mistake as to a Justification 631. Chapter 4. Offenses Against the Person Article 1. Homicide Section Murder in the First Degree
Section 20 Mistake as to a Justification 631 THE LAW Wyoming Statutes (1982) Chapter 4. Offenses Against the Person Article 1. Homicide Section 6-4-101. Murder in the First Degree (a) Whoever purposely
More informationIntroduction Crime, Law and Morality. Key Principles: actus reus, mens rea, legal personhood, doli incapax.
Introduction Crime, Law and Morality Key Principles: actus reus, mens rea, legal personhood, doli incapax. Objective Principles: * Constructive-murder rule: a person may be guilty of murder, if while in
More informationSCHEDULE OF LESSER INCLUDED OFFENSES COMMENT ON SCHEDULE OF LESSER INCLUDED OFFENSES
SCHEDULE OF LESSER INCLUDED COMMENT ON SCHEDULE OF LESSER INCLUDED One of the difficult problems in instructing a criminal jury is to make certain that it is properly charged with respect to the degrees
More informationNIBRS Crime Types. Crimes Against Persons. Murder. Aggravated Assault. Forcible Sex Offenses. Non Forcible Sex Offenses. Kidnapping/Abduction
Crimes Against Persons Murder Murder is the willful killing of one human being by another. As a general rule, any death due to injuries received in a fight, argument, quarrel, assault, or commission of
More informationAustralia-Indonesia MLA Treaty
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationSubject Area Breakdown NPPF Step 2 Inspectors Examination 2018
Subject Area Breakdown NPPF Step 2 Inspectors Examination 2018 Book Subject Subset Crime Actus Reus (Criminal Causal Link or Chain of Causation Conduct) Crime Actus Reus (Criminal Intervening Act Conduct)
More informationLAWS OF WESTERN SAMOA CRIMES ANALYSIS PART I JURISDICTION
LAWS OF WESTERN SAMOA CRIMES ANALYSIS Title 1. Short title and commencement 2. Interpretation PART I JURISDICTION 3. Application 4. Persons not to be tried in respect of things done outside Western Samoa
More informationTable of Contents. Dedication... iii Preface... v Table of Cases... xv. A. General Principles... 1
Table of Contents Dedication... iii Preface... v Table of Cases... xv Chapter 1 Substantive Criminal Law A. General Principles... 1 1. Causation... 1 (a) Causation for Impaired Driving Causing Bodily Harm/Death...
More informationCOURSE SYLLABUS. SOCIOLOGY 485B: CRIMINAL LAW AND LEGAL ANALYSIS Professor Bruce Zucker Spring 2017
COURSE SYLLABUS SOCIOLOGY 485B: CRIMINAL LAW AND LEGAL ANALYSIS Professor Bruce Zucker Spring 2017 Office: Sierra Hall 130V Telephone: (818) 677-3964 Email: bruce.zucker@csun.edu Class Hours: Tuesday/Thursday
More informationComparative Criminal Law 6. Defences
Comparative Criminal Law 6 Defences 11.03.2013 Content Defenses. Infringement. Guilt. Corporate responsibility. Two, three or more elements? Actus reus and mens rea (-defenses) Actus reus, infringement
More informationVIRGINIA DEPARTMENT OF SOCIAL SERVICES Page 1 of 8 (Model Form)
VIRGINIA DEPARTMENT OF SOCIAL SERVICES Page 1 of 8 SWORN STATEMENT OR AFFIRMATION FOR FOSTER AND ADOPTIVE PARENTS, ADULT HOUSEHOLD MEMBERS Please Print Last Name First Middle Maiden Social Security Number
More information2013 Crimes No. 10 SAMOA
2013 Crimes No. 10 SAMOA Arrangement of Provisions PART I PRELIMINARY 1. Short title and commencement 2. Interpretation PART II JURISDICTION 3. Meaning of Samoa 4. Application 5. Persons not to be tried
More informationCOOK ISLANDS CRIMES ACT 1969 ANALYSIS PART I JURISDICTION
COOK ISLANDS CRIMES ACT 1969 Title ANALYSIS 1. Short Title and division into Parts 2. Interpretation 3. Meaning of "ordinarily resident in the Cook Islands" PART I JURISDICTION 4. Application of Act 5.
More informationPolicing and Crime Bill
Policing and Crime Bill THIRD MARSHALLED LIST OF AMENDMENTS TO BE MOVED IN COMMITTEE OF THE WHOLE HOUSE The amendments have been marshalled in accordance with the Instruction of 12th September 2016, as
More informationFact Sheet PENALTIES FOR CATEGORY B FELONIES UNDER NEVADA REVISED STATUTES (NRS) CATEGORY B FELONIES
Fact Sheet PENALTIES FOR CATEGORY B FELONIES UNDER NEVADA REVISED STATUTES (NRS) RESEARCH DIVISION REVISED FEBRUARY 2018 LEGISLATIVE COUNSEL BUREAU CATEGORY B FELONIES the maximum term of imprisonment
More informationPENAL CODE OFFENSES. By Punishment Range. Including Updates From the 81st Legislative Session
PENAL CODE OFFENSES By Punishment Range Including Updates From the 81st Legislative Session Table of Contents Punishment by...2 Penalties for Repeat and Habitual Offenders...4 Exceptional Sentences...7
More information