...Discuss the potential criminal liability of Jonty and Patrick for the non-fatal offences against the person, including any relevant defences (50 marks) Jonty is likely to liable for an s20 or s18 offence under the Offences against the Persons Act 1861. S20 is the malicious wounding or inflicting GBH with intention or subjective recklessness as to causing some harm, which carries a maximum sentence of five years. This is the same maximum sentence as an s47 offence which can be seen as a problematic area in the law which is in need of reform. Jonty’s act of hitting Patrick hard across the back of his head satisfies the actus reus for wounding. As defined in JCC v Eisenhower (1983), wounding is ‘a cut or break in the continuity of the whole skin’, and held that a cut must be of the whole skin and a scratch is not considered as a wound. However, Saunders (1985) overruled the definition of GBH from DPP v Smith (1961), where the definition went from ‘really serious harm’ to ‘serious harm’. Jonty clearly had wounded Patrick, and although not life threatening Patricks injuries can still amount to GBH, and it is only needed to show that his actions led to the consequences of V’s GBH. This was ruled in Burstow (1997) where ‘inflict’ didn’t require a technical assault or battery. Jonty may be liable for s 39 of Criminal Justice Act 1988 for battery. Battery is the application of unlawful force or violence with intention or subjective recklessness to applying the unlawful force. This...
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...Under English law, a non fatal offence against the person is taken to mean an offence which is an attack directed at another person that does not result in the death of any person. Offences against the Person Act is based on whether the victim was injured and if injuries were sustained they are ranked according to its seriousness and the intention of the defendant. An assault and battery are common law offences. There is no statutory definition for either assault or battery. For an assault, there is no touching involved only the fear of immediate unlawful force. In the case of Constanza the Court of Appeal held that letters could be an assault. For battery, there must be actual force. It is defined as infliction of unlawful personal harm accompanied by intention or subjective recklessness. There are often situations which both occur. The actus reus for a section 20 offence is to cause GBH ‘serious’ or wound. In the case of Ahmed “deliberately” swinging his stick to hit Bob in the face, cutting his lip could mean Ahmed satisfies section 20 as the cut in Bobs lip is a break in the skin. The mens rea of a section 20 offence is to intend or recklessness as to some harm. As the act was deliberate, it could be argued that Ahmed intended to cause harm which possibly could change his offence to a section 18. Section 18 this is considered a much more serious offence than Section 20, as can be seen from the differences in the maximum punishments. Section 20 has a maximum of 5 years...
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...In order to evaluate what offences have been committed in the crimes in this scenario, the clear presence of actus reus and mens rea are vital. for the prosecution to prove the existence of both elements of an offence beyond any reasonable doubt. Actus reus being the guilty act, whereas mens rea is the guilty mind, both of which are required in order to find criminal liability. In order to answer this problem question it must first be considered whether Pablo (P) is liable for any non-fatal offences against the person (OAP). The various offences and their definitions are contained in the Offences Against the Person Act 1861. Pablo and Rose – Pulling hair. The first offence to consider in respect of P is common law battery under section 39 of the Criminal Justice Act 1988. Battery is a summary only offence and carries a maximum penalty of six months or a £5000 fine, or both. P’s motive of jealousy appears to be the significant factor motivating his actions however this is irrelevant to his actions in law. P intentionally: Venna imposed unlawful force: Collins v Wilcock on Rose (R) by pulling her hair. R did not give P permission to assault her, therefore the contact was both physical: Ireland and unlawful. Previous case law has clarified unlawful force to be even the slightest touch R v Brown . The mens rea for this offence is satisfied by either intention or subjective recklessness. With reference to the problem question, the actus reus was the direct physical contact...
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...above steps have taken place, Julie would be searched to ensure that she is not carrying or concealing weaponry. This search would be carried out by an officer of the same sex, and would consist of a simple pat down; it is unlikely that Julie would be searched more thoroughly given the situation. The police could potentially ask to retain some clothes if it is felt that by retaining said clothes, it would provide evidence to the case, if this were the case, Julie must be provided alternate clothing. This incident is an example of an either way offence, as it could be trailed in the magistrate’s court, or the crown court, as a result of this, the police would have authority to conduct a search of Julie’s address or workplace without a search warrant. The custody officer will then remove all of Julie’s property that she is carrying on her person at the time of the arrest if it is deemed that said objects were vital in the committal of the offence, or if they could be used to harm others. Upon Julie’s release all her property should be returned to her, she also does not have to sign for her property at the...
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...PROTECTION OF PAKISTAN ORDINANCE, 2013 An Ordinance to provide for protection against waging of war against Pakistan and the prevention of acts threatening the security of Pakistan; WHEREAS it is expedient to provide for protection against waging of war against Pakistan, prevention of acts threatening the security of Pakistan and for speedy trial of offences falling in the Schedule annexed to this Ordinance and for matters connected therewith or incidental thereto; AND WHEREAS pursuant to the directions of the Hon’ble Supreme Court in cases of civil disturbance in different parts of the Country, it has become imperative to promulgate a law in order to give effect to such directions; AND WHEREAS the Senate and the National Assembly are not in Session and the President is satisfied that the circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, extent and commencement.-(1) This Ordinance may be called the Protection of Pakistan Ordinance, 2013. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date or dates as the Federal Government may appoint in this behalf and different dates may be appointed for different provisions of this Ordinance. 2. Definitions.- In this Ordinance...
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...Consider what criticism may be made of the non-fatal offences against the person. Discuss what reforms might be introduced to deal with these criticisms. The current law on non-fatal offences is contained in the Criminal Justice Act 2009 (CJA 2009) and the Offences Against the Persons Act 1861 (OAPA 1861). The OAPA has been deemed unsatisfactory, and in 1993 he law commission issued a report on the non-fatal offences and identified both structural and specific aspects of the offences. The draft Offences Against The Persons Bill was drawn up in 1998, by the Law Commission and improves the unsatisfactory OAPA. The first criticism of the law on non-fatals is that they are badly defined and inconsistent. Assault and Battery have no statutory definition, and the more serious offences are contained in the OAPA, an act that is over 150 years old. The reform proposes that the current offences will be replaced with 4 new offences. S18 would be replaced by ‘Intentionally causing serious injury to another person’. S20 will be replaced by ‘Recklessly causing serious injury to another person’. S47 will be replaced by ‘Intentionally or recklessly causing injury to another person’, and assault/battery will be replaced by ‘Intentional serious harm’. This reform will mean that all the non-fatal offences are found in one place, making the law more concise and thereof easier for the jury to understand and apply. The second criticism of the law is that the language used in the non-fatals is antiquated...
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...наказание. Crime - is socially dangerous , illegal , guilty act capable person, which provides criminal penalties. Crimes are defined by criminal law, which refers to a body of federal and state rules that prohibit behavior the government deems harmful to society. If one engages in such behavior, they may be guilty of a crime and prosecuted in criminal court. In today’s society, criminal behavior and criminal trials are highly publicized in the media and commonly the storyline in hit television shows and movies. As a result, people may consider themselves well-informed on the different types of crimes. However, the law can be quite complicated. There are many different types of crimes but, generally, crimes can be divided into four major categories,personal crimes, property crimes, inchoate crimes, and Statutory Crimes: * Personal Crimes – “Offenses against the Person”: These are crimes that result in physical or mental harm to another person. Personal crimes include: * Assault * Battery * False Imprisonment * Kidnapping * Homicide – crimes such as first and second degree, murder, and involuntary manslaughter, and vehicular homicide * Rape, statutory rape, sexual assault and other offenses of a sexual nature * Property Crimes – “Offenses against Property”: These are crimes that do not necessarily involve harm to another person. Instead, they involve an interference with another person’s right to use or enjoy their...
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...confession is a species of admissions dealt with in ss. 24-30. A confession or an admission is evidence against the maker of it, unless its admissibility is excluded by some provision of law. Section 24 excludes confessions caused by certain inducements, threats and promises..Section 25 provides that no confession made to a police officer shall be proved as against a person accused of an offence. The terms of Section 25 are imperative. A confession made to a police officer under any circumstances is not admissible in evidence against he accused. It covers a confession made when he was free and not in police custody, as also a confession made before an investigation had begun. The expression accused of any offence covers a person accused in an offence at the trial whether or not he was accused of the offence when he made the conclusion. Section 26 prohibits proof against any person of a confession made by him in the custody of a police officer, unless it is made in the immediate presence of a magistrate. The partial ban imposed by s 26 relates to a confession made to a person other than a police officer. Section 26 does not qualify the absolute ban imposed by s 25 on a confession made to a police officer. Section 27 is in the form of a proviso, and partially lifts the ban imposed by ss 24, 25 and 26. It provides that when any of the information received from a person accused of any offence in the custody of a police officer, such information, whether it amounts to a confession or not,...
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...release of a person from the custody of police and delivery in to the hands of sureties who undertakes to produce him in the court when ever required to do so. DIFFERENT KINDS OF BAIL Bail after arrest 1. Bail in Bail able Offences – Section 496 of CRPC 2. Bail in Non-Bail able Offences-Section 497 of CRPC 3- Bail before arrest Anticipatory Bail- Offences-Section 498of CRPC 4. Bail in Appeal – Section 426. STAGES OF GRANTING BAIL 1. in Pre Trial Stage or Investigation Stage 2. in Trial Stage 3. in Post- Trial Stage BASIC CONCEPTOF BAIL: The Constitutional provisions are contained in Articles 4 and 10 of the Constitution to show the basic concept of bail. Article: 4 Right of Individuals to be dealt with in accordance with law etc. ARTICLE 10 SAFEGUARD AS TO ARREST AND DETENTION WHICH OFFENCE IS BAILABLE? Any offence under any law which is punishable with imprisonment for a term not exceeding three years or with fine or with both is bail able unless specifically made non-bail able by legislature. Post arrest bail: (bail able and non bail able) BAIL IN BAILABLE OFFENCES Section 496 prescribes the procedure for bail in bail able offences. In the case of bail able offences the person accused has the indefeasible right to grant of bail subject of course to satisfactory sureties being offered, if sureties are considered necessary. The provisions of the section are mandatory, and the court or officer in charge of police station, as the case may be is bound to release the person in custody...
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...Vienna International Centre, PO Box 500, A 1400 Vienna, Austria Tel: +(43) (1) 26060-0, Fax: +(43) (1) 26060-5866, www.unodc.org UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO Printed in Austria V.04-56153—September 2004—1,900 UNITED NATIONS UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO UNITED NATIONS New York, 2004 Foreword With the signing of the United Nations Convention against Transnational Organized Crime in Palermo, Italy, in December 2000, the international community demonstrated the political will to answer a global challenge with a global response. If crime crosses borders, so must law enforcement. If the rule of law is undermined not only in one country, but in many, then those who defend it cannot limit themselves to purely national means. If the enemies of progress and human rights seek to exploit the openness and opportunities of globalization for their purposes, then we must exploit those very same factors to defend human rights and defeat the forces of crime, corruption and trafficking in human beings. One of the starkest contrasts in our world today is the gulf that exists between the civil and the uncivil. By “civil” I mean civilization: the accumulated centuries of learning that form our foundation for progress. By “civil” I also mean tolerance: the pluralism and respect with which...
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...rape and/or governing rape trials in Nigeria, to wit: the Penal Code and Criminal Code and the Evidence Act, to underscore the meaning, elements, defences and application of the offence of rape in Nigeria and determine their sufficiency and/or insufficiency with regards to victim protection. Accordingly, the paper will access and overhaul the statutory definition of rape, the common law presumption as to the age of a person who may commit the offence, the requirement for corroboration of evidence of a rape victim/survivor and the issue of consent as a defence to rape. The gender insensitive nature of the law on rape in Nigeria which constitutes a discrimination against men (by defining rape as an offence which can only be committed by a male) will also be highlighted. Suggestions will also be made for legislative review or upgrade of the law on rape in Nigeria in line with what obtains in some other jurisdictions. 1.0 Meaning of Rape Rape is a specific sexual offence and one of the sexual offences known to the Nigerian criminal jurisprudence.3 The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) considers rape as a form of discriminatory violence against women4And Article 1(g) of the Rome Statute of the International Criminal Court recognizes rape as a crime against humanity. The Black’s Law Dictionary5...
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...was introduced and contained within it the provisions for preventing and criminalising racially aggravated offences. According to section 28 of the Crime and Disorder Act an offence is racially motivated if at the time of committing the offence or immediately before or after, the offender demonstrates towards the victim any hostility based on the victim’s membership or presumed membership of a racial group. Over a decade later, the Equality Act 2010 was passed and similar to the Crime and Disorder Act, it prohibits unfavourable treatment of others based on the grounds of protected characteristics such as race. This concept is known as direct discrimination and is outlined in section 13 of the Act. A person (A) directly discriminates against another (B) if, because of a protected characteristic, person A treats person B less favorably than person A treats or would treat others. The concept of direct discrimination outwardly appears to be somewhat already incorporated in the Crime and Disorder Act. Hence a critical analysis of the Crime and Disorder Act will assess the extent to which this is true. As aforementioned the Crime and Disorder Act introduced the criminalisation of racially aggravated offences, namely racially aggravated assaults, racially aggravated criminal damage, racially aggravated public order offences and, racially aggravated harassment. However, offences such as murder and robbery we not included in the Act as racially aggravated crimes as they already carry...
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...Crime and Punishment: A Dissection of its Various Elements. “The true measure of crimes is the harm done to society” – Cesare Beccaria. Crime as a concept and its origin There is no easy definition for what denotes a crime. Any theory on criminal law has to answer two questions – ‘What acts should be punished?’ and ‘To what extent can it be punished?’ Glanville Williams, admitting the impossibility of a workable content based definition of a crime, points out that the definition of crime is one of the thorny intellectual problems of law. Russell also admitted that ‘to define crime is a task which so far has not been satisfactorily accomplished by any writer’ Personal safety, particularly security of life, liberty and property, is of utmost importance to any individual. Man realized this when he started living in a community. He realized that he had certain rights. Rights are essentially conditions for self-development. At the same time he understood that he was also obligated to behave in the same manner in which he expected his neighbour to behave. This was the crux of the social contract which man entered into with his fellow beings. The social contract allowed men to live together in a community and leave behind the “nasty, short and brutish” life he led hitherto. The social contract paved way for the State to come into force and start making laws for everyone. Naturally, the rational and selfish nature of man would make him look out for his best interests and...
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...Divisions 70 and 141 of the Criminal Code Act 1995 Assessing the ‘facilitation payments’ defence to the Foreign Bribery offence and other measures Public Consultation Paper 15 November 2011 Disclaimer: This document is designed to inform discussion of issues. It does not necessarily reflect the views of the Commonwealth, or indicate a commitment to a particular course of action. Contents Introduction 1 The Foreign Bribery offence 1 The facilitation payment defence 2 International approaches 3 Arguments for prohibiting facilitation payments 3 Arguments against prohibiting facilitation payments 4 When a benefit is legitimately due 5 The official intended to be influenced by a bribe 6 A benefit provided or requested ‘dishonestly’ 6 Submissions 7 Introduction 1. The Australian Government is committed to stamping out corruption and has a comprehensive anti-corruption system for the public and private sectors. 2. Australia has a strong record of global, regional and domestic action to prevent and expose corrupt activity, and is ranked as the 8th most corruption-free nation in the world in the most recent Transparency International Corruption Perceptions Index. 3. In September 2011, the Australian Government announced the commitment of $700,000 to develop and implement Australia’s first National Anti-Corruption Plan. A key objective of the Plan is to strengthen Australia’s existing...
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...be called the 4[ * * *] Army Act, 1952. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf. | | | | | | | | | | | | | | Persons subject to the Act | | 2. (1) The following persons shall be subject to this Act, namely:- (a) officers 5[ and junior commissioned officers] of the Bangladesh Army; (b) persons enrolled under the 6[ * * *] Army Act, 1911, before the date notified in pursuance of sub-section (2) of section 1, and serving with the Bangladesh Army immediately before that date, and persons enrolled under this Act; 7[ (bb) persons subject to the Navy Ordinance, 1961, or the Air Force Act, 1953, when seconded for service with the Bangladesh Army, to such extent and subject to such regulations as the Government may direct;] (c) persons not otherwise subject to this Act, who, on active service, in camp, on the march, or at any frontier post specified by the Government by notification in this behalf, are employed by, or are in the service of or are followers of, or accompany any portion of the Bangladesh Army; (d) persons not otherwise subject to this Act who are accused of- (i) seducing or attempting to seduce any person subject to this Act from his duty or allegiance to Government, or (ii) having committed, in relation to any work of...
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