...Legal Aspects of Intoxication Aditya Vikram Yadav Student Chapter 1 Abstract Intoxication as defined in S. 86 has remained a convenient defence in numerous murder cases, as it allows for acquittal in case of temporary insanity due to drunkenness. Through this paper we explore the jurisprudential history and the legal aspect of intoxication and find ways to bypass the landmark judgement of Basdev v. State of PEPSU(1956), which established the doctrine of insanity based on previous English judgements. This paper seeks to find ways for the police to establish guilt in such cases. S. 86 Scope of Section – The Indian Courts attribute the same knowledge to an inebriated person as they do to when he is sober. If the man has not gone very deep in drinking, the court can gather from the facts his intention, and whether the act was intended. Therefore, in cases where intention is essential, drunkenness is a defence. This section creates an artificial rule for effect of evidence and significance of facts, and the section must be read as it is and construed strictly. No knowledge or intention further of that of a sober man can be established to an intoxicated person. Drunkenness where not available as a defence can be offered as a mitigator of sentence. The section makes clear that intoxication has no effect on a person’s knowledge, and he must be presumed to cause the consequences of his acts. The difference between S. 85 and S. 86 is essentially based on whether the drunkenness...
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...Jared Cruz Professor Estrada American Lit. 1 April 18th, 2015 Word Count: 1,799 Gravity: An Analysis of Insanity in Wieland To some, the definition of madness is a state in which one is mentally unstable and filled with irrationality. To others like famous scientist Albert Einstein, true insanity is doing the same thing over and over expecting different results every time. Regardless of how it is defined, one fact about insanity or madness remains true to this day and can be summed up by one quote from perhaps the most famous insane character of all time, the Joker: “Madness, as you know, is like gravity... All it takes is a little push!” This very idea of insanity and how susceptible to madness the mind can be is a central theme throughout Charles Brockden Brown's Wieland. In the novel, one of the primary forces behind everyone's growing paranoia and dementia are a series of voices that literally cause the protagonist's brother, Theodore Wieland, to murder his wife and children. Of course the voices not only affect Theodore, but rather the entire community as a whole, namely the protagonist herself. Clara Wieland is just as easily prone to the insanity that overcomes her circle of friends and family. Many times throughout the novel, Clara demonstrates various qualities of irrationality, such as contemplating suicide and struggling to maintain grasp onto reality. While these are prime examples of madness within the novel, one's sanity that often goes unchecked is that...
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...do something... tell me I can't do it. -Maya Angelou 3. You miss 100% of the shots you don't take. -Wayne Gretzky 4. If you don’t make mistakes, you aren’t really trying. -Unknown 5. You live longer once you realize that any time spent being unhappy is wasted. -Ruth E. Renkl 6. Strength does not come from physical capacity. It comes from an indomitable will. -Mahatma Gandhi 7. Motivation will almost always beat mere talent. -Norman R. Augustine 8. I'd rather be a failure at something I enjoy than a success at something I hate. -George Burns 9. Energy and persistence conquer all things. -Benjamin Franklin 10. Nothing great was ever achieved without enthusiasm. -Ralph Waldo Emerson 11. No act of kindness, however small, is ever wasted. -Aesop 12. Insanity: doing the same thing over and over again and expecting different results. -Albert Einstein 13. Ability is what you're capable of doing. Motivation determines what you do. Attitude determines how well you do it. -Lou Holtz 14. Motivation is what gets you started. Habit is what keeps you going. -Jim Ryan 15. I've missed more than 9,000 shots in my career. I've lost almost 300 games. 26 times, I've been trusted to take the game winning shot and missed. I've failed over and over and over again in my life. And that is why I succeed. -Michael Jordan 16. Fear is what stops you... courages is what keeps you going. -Unknown 17. The finish line is just the beginning of a whole new race. -Unknown 18. The difference between...
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...In the light of your critical readings how far areLear and Macbeth tragic protagonists? Example intro Normally, the common hero would be a character embodying megalopsychia. However, both Lear and Macbeth are conventionally tragic figures, even displaying anti-heroic qualities. Aristotle’s “Poetics” suggests that a tragic protagonist has greatness which is readily evident in the play. The Victorian critic A.C. Bradley picks up Aristotle’s notion to contend and mentions that although the protagonist is a person of greatness, they are not perfect and contain a tragic flaw which can lead to his downfall. Unlike most tragic protagonists, Lear’s fall occurs early in the play when he decides to express his “darker purpose” to Gloucester by dividing the kingdom between his three daughters. Firstly, this rash decision implies Lear’s downfall and prepares the audience for what is to come. Secondly, this would have alarmed a Jacobean audience who would remember how the question of succession had loomed large during the reign of Elizabeth 1. However, Lear does not show many noble attributes before his fall when he loses his temper at Cordelia and he tells her he will, “disclaim all my paternal care,” because she refuses to flatter him with praises and love. This is different to Macbeth who is seen as “brave” and “noble” in the early stages of the play due to killing the rebel, Macdonwald, and fighting off an attack from the Norwegians. Example 2 1. Throughout literary history, there...
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...certain questions about his wife. Each answer from the raven drives him closer and closer to insanity. Due to the use of a number of various literary devices, the poem is deeply haunting. Poe used repetition, personification, and juxtaposition to progress the plot and increase the overall effectiveness and depth of the poem. The first, and most prevalent literary device that Poe used, was repetition. Throughout the poem, every stanza is ended with “nothing more” or “nevermore”....
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...Hiding Behind Fear Fear is an emotion normally every person feels when their mind or body reacts to a subconscious sense of danger. When fearful times come, courage or bravery to act in a situation are abilities most people lack. The way people decide whether to act or not in situations determine their character or personality. Those who hide behind their inaction and lack courage are considered cowards. In the same way as others who do not have the ability to take action in a state of fear, Hamlet is a character in Hamlet who can relate. Hamlet continually shows signs of fear and inaction. He lacks courage to act on opportunities where he can resolve his problems that scare and confuse him. His emotions and indecisive attitude take over his...
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...and evil presented in Beowulf? Does this reveal anything about Anglo-Saxon society? Beowulf is the greatest surviving Old English poem, an epic that recounts the main events in the life of a legendary hero named Beowulf. Beowulf’s destiny is to fight and conquer the monsters that terrorize the kingdom of the Danes. Many events in Beowulf are directly related to the Bible, making the constant battle between good and evil one of the most important themes. Beowulf is a courageous, strong and loyal warrior. He is brave, and he has self confidence bordering on insanity, but he’s also generous and kind towards others. Beowulf shows that he has confidence when he fights Grendel without weapons. When he defeats Grendel, he demonstrates that men are capable of destroying evil if they wish to do so. Beowulf’s qualities make him the epitome of a hero. “Beowulf emphasizes values that were important to Norse warriors, such as courage, loyalty to one's king and comrades, and honor for those who fight and die bravely. The story emphasizes how fragile life and fame can be. Like any person, Beowulf must find meaning in his world while accepting the fact that he will eventually die. He meets that challenge by facing danger bravely and trusting that the story of his deeds will cause him to live on in the memories of those who hear it.” (from the New Catholic Encyclopedia) Goodness is represented throughout the poem by the characters of Beowulf, King Hrothgar and Wiglaf. Evil is represented...
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...The first day I met Maria I was at a bar located in the heart of the WMU campus. I had gone there with a few friends the day before New Year’s Eve and was gearing up for the upcoming New Year’s Celebration. I noticed her and her friend when they first walked in. I’m usually not the type to start a conversation with an attractive female, unless I’ve had a sufficient amount of liquid courage before such an undertaking. I hadn’t drank much that night, trying to save myself for New Year’s Eve, so I resumed gingerly sipping my Captain and Coke and thought nothing more of the pretty little Latina that had walked in a few moments before. As the night drew to a close, I was surprised when a friend of Maria approached me and asked if I was leaving. I took this unsolicited indirect contact to mean Maria wanted my attention. I discerned that by this time I had had enough liquid courage to try and talk to her and wouldn’t be concerned with the risk of embarrassing myself. A few minutes later I decided to take the gamble and introduce myself to Maria. To this day I consider this one of the biggest mistakes of my life. Maria and I started our relationship as just friends. During our...
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...We were so excited when the school year started in August of 2007. My “baby” was going to be in first grade! But I’ll have you know, there is nothing babyish about first grade; it’s much more of a “manly” year, according to the first grader boys in the know. What we did not anticipate was the unexpected drama that came along with the excitement of the new year; surprisingly, it had nothing to do with chasing girls. * * * * * I had been told by Collin’s kindergarten teacher that he was an advanced reader because he tested at the equivalency of a second grader. I like to think it had something to do with the amount of time I spent reading him books when I could barely keep my eyes open, to where I have now memorized nearly every Dr. Seuss book and can quote them backwards in my sleep. In reality, it probably had something to do with Sesame Street and the wonderful program director at the after-school program. During the summer prior to first grade, Collin really wanted to read Bridge to Terabithia. We had watched the movie together and both loved it, so I got the book without any hesitation. Collin, of course, excitedly shared about the book with his new first-grade teacher, Ms. Pretentious, and the class. This, somehow, elicited quite a drama. At “Back to School Night”, as parents sat in the tiny little first grade chairs, we listened to Ms. Pretentious introduce herself and describe her experiences during the first week of school. It came in the form of a 20-minute...
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... qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwe...
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...A Collection of Wise Sayings "We shall not cease from exploration And the end of all our exploring Will be to arrive where we started And know the place for the first time." -- T.S. Eliot "Hope is not the conviction that something will turn out well but the certainty that something makes sense, regardless of how it turns out." -- Vaclav Havel "If I am not for myself, who will be for me? And if I am only for myself, what am I? And if not now -- when?" -- Hillel "Come my friends, 'tis not too late to seek a newer world." -- Tennyson "If you understand, things are just as they are; if you do not understand, things are just as they are." -- Zen proverb "If the only prayer you said in your whole life was, 'thank you,' that would suffice." -- Meister Eckhart "There are two ways to live your life. One is as though nothing is a miracle. The other is as though everything is a miracle." -- Albert Einstein "We who lived in concentration camps can remember the men who walked through the huts comforting others, giving away their last piece of bread. They may have been few in number, but they offer sufficient proof that everything can be taken from a man but one thing: the last of the human freedoms -- to choose one's attitude in any given set of circumstances." -- Victor Frankl "Experience is a hard teacher because she gives the test first, the lesson afterwards." -- Unknown "The shell must break before the bird can fly." -- Tennyson "Your vision will become clear only when you...
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...Finding 33 Larceny by Trick 34 Larceny as a Bailee 38 ASSAULT 41 Degree of Injury 41 Common Assault 42 a. Psychic Assault 42 b. Battery 44 Mens Rea 47 Intentional Assault 47 Reckless Assault 47 Negligence 48 Aggravated Assault 48 a. Assault Occasioning Actual Bodily Harm (ABH) (section 59) 49 b. Reckless GBH or Wounding (section 35) 50 c. Maliciously Wounding/GBH with Intention to Inflict GBH (section 33) 51 SEXUAL ASSAULT 54 Actus Reus 54 a. Sexual Intercourse 54 b. Absence of Consent 55 Common law Rules 57 o Doctrine of marital immunity abolished at common law (L 1991) and under statute (s61T(a) NSW) 57 Mens Rea 57 Intention 57 Mistaken Belief in Consent 57 Recklessness 58 DEFENCES 60 Insanity 60 Elements 60 Automatism 61 Sane and Insane Automatism 61 Intoxication 62 Burden of Proof 62 Self-induced v Involuntary Intoxication 62 Actus Reus 62 Mens Rea 62 Self-Defence 64 Duress 65 Elements 65 Necessity 65 Elements 66 Burden and Standard of Proof *...
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...Last Name 1 Student Name Mr. Patterson Acc. English III 24 May 2010 Barriers Influencing American Dreams Do obstacles in one’s life change one’s aspirations? If something hard or even Winston Patterson 5/17/10 9:49 PM Comment: TITLE SHOULD REFLECT OVERALL THEME OF ESSAYß Winston Patterson 5/17/10 9:35 PM Comment: Attention Getter unexpected occurs, does one turn his or her back on all that has been worked for? In an American society, there is an idea of a dream. Most people have dreams that differ from one another. Dreams are not limited only to society. Countless numbers of times in American literature, there are moments when an obstacle slows or possibly halts progression. Dreams can also be found in American literature; however, like the reality of society, barriers can be a component of having aspirations. Barriers create obstacles, whether emotional or physical, that make achieving a dream difficult or even appear to be impossible. In American literature dreams seem to be unattainable because of barriers. In all the years of literature, dreams, goals, and aspirations come in contact Winston Patterson 5/17/10 9:35 PM Comment: Broad Topic Winston Patterson 5/17/10 9:35 PM Comment: Narrow Topic Winston Patterson 5/17/10 9:36 PM Comment: Thesis Statement Winston Patterson 5/17/10 9:36 PM Comment: Clincher Sentence with a conflict. In F. Scott Fitzgerald’s The Great Gatsby, Jay Gatsby has a dream to be ...
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...YOU CAN WIN Winners don't do different things. They do things Differently. A STEP BY STEP TOOL FOR TOP ACHIEVERS SHIV KHERA To my mother to whom I shall remain indebted for setting the foundation on which this book is based Page 1 of 175 PREFACE Success doesn't mean the absence of failures; it means the attainment of ultimate objectives. It means winning the war, not every battle. Edwin C. Bliss You have met people who literally wander through life. They simply accept whatever fate brings them. A few may succeed by accident, but most suffer through a lifetime of frustration and unhappiness. This book is not for them. They have neither the determination to succeed nor the willingness to devote the time and effort necessary to achieve success. This book is for you. The simple fact that you are reading this book indicates you want to live a richer, more fulfilling life than you have now. This book can enable you to do that. WHAT KIND OF BOOK IS THIS? In one sense, this book is a construction manual. It describes the tools you will need for success, and offers blueprints to help you build a successful and rewarding life. In a second, sense, it is a cookbook. It lists the ingredients the principles you will need to follow to become successful and gives you the recipe for mixing them in the correct proportions. But, above all, this is a guidebook a step by step, how to book that will take you from dreaming about success to unlocking your potential for success. HOW TO...
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...VERONIKA DECIDES TO DIE A NOVEL OF REDEMPTION PAULO COELHO TRANSLATED FROM THE PORTUGUESE BY MARGARET JULL COSTA For S. T. de L., who began to help me without my realizing it Behold I give unto you power to tread on serpents…and nothing shall by any means hurt you. Luke 10:19 Contents Epigraph Begin Reading P.S. Insights, Interviews & More… About the Author Praise Other Books by Paulo Coelho Credits Copyright About the Publisher On November 11, 1997, Veronika decided that the moment to kill herself had—at last!—arrived. She carefully cleaned the room that she rented in a convent, turned off the heat, brushed her teeth, and lay down. SHE PICKED up the four packs of sleeping pills from her bedside table. Instead of crushing them and mixing them with water, she decided to take them one by one, because there is always a gap between intention and action, and she wanted to feel free to turn back halfway. With each pill she swallowed, however, she felt more convinced: After five minutes the packs were empty. Since she didn’t know exactly how long it would take her to lose consciousness, she had placed on the bed that month’s issue of a French magazine, Homme, which had just arrived in the library where she worked. She had no particular interest in computer science, but, as she leafed through the magazine, she came across an article about a computer game (one of those CD-ROMS) created by Paulo Coelho, a Brazilian writer she had happened to meet at a lecture...
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