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CRIMINAL ATTEMPTS at COMMON LAW Edwin R
[Vol. 102 CRIMINAL ATTEMPTS AT COMMON LAW Edwin R. Keedy t GENERAL PRINCIPLES Much has been written on the law of attempts to commit crimes 1 and much more will be written for this is one of the most interesting and difficult problems of the criminal law.2 In many discussions of criminal attempts decisions dealing with common law attempts, stat- utory attempts and aggravated assaults, such as assaults with intent to murder or to rob, are grouped indiscriminately. Since the defini- tions of statutory attempts frequently differ from the common law concepts,8 and since the meanings of assault differ widely,4 it is be- "Professor of Law Emeritus, University of Pennsylvania. 1. See Beale, Criminal Attempts, 16 HARv. L. REv. 491 (1903); Hoyles, The Essentials of Crime, 46 CAN. L.J. 393, 404 (1910) ; Cook, Act, Intention and Motive in the Criminal Law, 26 YALE L.J. 645 (1917) ; Sayre, Criminal Attempts, 41 HARv. L. REv. 821 (1928) ; Tulin, The Role of Penalties in the Criminal Law, 37 YALE L.J. 1048 (1928) ; Arnold, Criminal Attempts-The Rise and Fall of an Abstraction, 40 YALE L.J. 53 (1930); Curran, Criminal and Non-Criminal Attempts, 19 GEo. L.J. 185, 316 (1931); Strahorn, The Effect of Impossibility on Criminal Attempts, 78 U. OF PA. L. Rtv. 962 (1930); Derby, Criminal Attempt-A Discussion of Some New York Cases, 9 N.Y.U.L.Q. REv. 464 (1932); Turner, Attempts to Commit Crimes, 5 CA=. L.J. 230 (1934) ; Skilton, The Mental Element in a Criminal Attempt, 3 U. -
Peter Rowlands
Peter Rowlands YEAR OF CALL: 1990 Peter Rowlands has an established reputation as a tough and committed advocate and experienced leader in criminal defence work. He has a wide-ranging practice from homicide where he acts as leading junior or sole counsel to serious sexual offences, major drug importations, fraud and money-laundering. Peter is ranked for crime in Chambers UK 2019 and the Legal 500 2019. "A decent and fair opponent who is fazed by nothing." "A wonderful advocate who you can listen to all day, he is great with juries and clients. He's the archetypical jury advocate." CHAMBERS UK, 2021 (CRIME) "His thorough case preparation, unrivalled knowledge of the law and relaxed character enables clients to firstly understand and then thoroughly trust his advice and guidance." LEGAL 500, 2021 (CRIME) "His deft and intelligent cross-examination is a joy to observe." LEGAL 500, 2020 "He defends in gang and organised crime-related cases." LEGAL 500, 2019 Extremely thorough and committed, a skilled tactician and incredibly eloquent." LEGAL 500, 2017 If you would like to get in touch with Peter please contact the clerking team: [email protected] | +44 (0)20 7993 7600 CRIMINAL DEFENCE Peter Rowlands has an established reputation as a tough and committed advocate and experienced leader in criminal defence work. He has a wide-ranging practice from homicide where he acts as leading junior or sole counsel to serious sexual offences, major drug importations, fraud and money-laundering, including contested confiscation proceedings. He has been mentioned in the Legal 500 as having developed a particular expertise in murder and armed kidnapping cases and has maintained a ranking in Chambers UK Bar Guide for many years. -
Criminal Law Level: 6 Credit Value: 15
2021 UNIT SPECIFICATION Title: (Unit 3) Criminal Law Level: 6 Credit Value: 15 Learning outcomes Assessment criteria Knowledge, understanding and skills The learner will: The learner can: 1. Understand the 1.1 Analyse the general nature of the actus 1.1 Features to include: conduct (including fundamental reus voluntariness, i.e, R v Larsonneur (1933), requirements of Winzar v Chief Constable of Kent (1983); criminal liability • relevant circumstances; • prohibited consequences; • requirement to coincide with mens rea. 1.2 Analyse the rules of causation 1.2 Factual causation; • legal causation: situations (for example, in the context of the non-fatal offences or homicide) where the consequence is rendered more serious by the victim’s own behaviour or by the act of a third party; • approaches to establishing rules of causation: mens rea approach; This specification is for 2021 examinations • policy approach; • relevant case law to include: R v White (1910), R v Jordan (1956) R v Cheshire (1991), R v Blaue (1975), R v Roberts (1971), R v Pagett (1983), R v Kennedy (no 2) (2007), R v Wallace (Berlinah) (2018) and developing caselaw. 1.3 Analyse the status of omissions 1.3 Circumstances in which an omission gives rise to liability; • validity of the act/omission distinction; • rationale for restricting liability for omissions; • relevant case law to include: R v Pittwood (1902), R v Instan (1977), R v Miller (1983), Airedale NHS Trust v Bland (1993) Stone & Dobinson (1977), R v Evans (2009) and developing caselaw. 1.4 Analyse the meaning of intention 1.4 S8 Criminal Justice Act 1967; • direct intention; • oblique intention: definitional interpretation; • evidential interpretation; • implications of each interpretation; • concept of transferred malice; • relevant case law to include: R v Steane (1947), Chandler v DPP (1964), R v Nedrick (1986), R v Woollin (1999), Re A (conjoined twins) (2000), R v Matthews and Alleyne (2003), R v Latimer (1886), R v Pembliton (1874), R v Gnango (2011) and developing caselaw. -
Criminal Law Robbery & Burglary
Criminal Law Robbery & Burglary Begin by identifying the defendant and the behaviour in question. Then consider which offence applies: Robbery – Life imprisonment (S8(2) Theft Act 1968) Burglary – 14 years imprisonment (S9(1)(a) or S9(1)(b) Theft Act 1968) Robbery (S8(1) Theft Act 1968) Actus Reus: •! Stole (Satisfies the AR of Theft) •! Used or threatened force on any person →! R v Dawson – ‘Force’ is a word in ordinary use and it is a matter for the jury in each case to determine whether force had been used (or threatened) – but it need not be significant →! R v Clouden – Force may be applied to someone’s property →! S8(1) Theft Act 1968 – May be in relation to any person, but in regards to 3rd parties, they must be aware of the threat •! Force or threat of force was immediately before or at the time of the theft; and →! R v Hale – If appropriation was continuing and force was used at the time of the theft, the defendants could be guilty of robbery (jury’s decision) •! Force or threat of force was used in order to steal →! R v Vinall – Convictions for robbery were quashed because defendants were not proven to have had an intention to permanently deprive the victim of his property at the point when force was used on the victim Criminal Law Mens Rea: •! MR for Theft i.e. dishonesty and intention to permanently deprive •! Intention as to the use or threat of force Burglary Criminals who are ‘armed’ when they commit an offence of burglary can also face liability for an aggravated offence of burglary under S10 Theft Act 1968. -
“Intoxication in Criminal Law – an Analysis of the Practical Implications of the Ivey V Genting Casinos Case on the Majewski Rule”
“Intoxication in Criminal Law – An Analysis of the Practical Implications of the Ivey v Genting Casinos case on the Majewski Rule” Lucy Dougall Introduction The aim of this article is to consider the way intoxication works within criminal law, and how the application can differ depending on the category of the crime. In particular, it considers how the doctrine of intoxication applies to property offences, and how that application may be affected by the Supreme Court decision in Ivey v Genting Casinos. Due to the proportion of crimes committed containing an element of intoxication,1 it is important that the law in this area works effectively and consistently, in order for all members of the public to understand their legal position. Specifically, the law should be fair on defendants but also should be interpreted in a way that protects public safety. There have been numerous debates 2 amongst academics about the intoxication doctrine, and whether it works in the way that protects the people it should. Within England and Wales, many offenders commit crimes while under the influence of alcohol, making the law surrounding intoxication something of considerable importance. According to the March 2015 Crime Survey for England and Wales3; victims of violent incidents believed that the offenders were under the influence of alcohol in 47% of cases 4. Despite the vast amount of alcohol related violent incidents, there seems to have been a decreasing number over the last ten years. Violent incidents in general have also decreased suggesting the -
Has the Evidence Act Been a Successful Codification? Is It a True Code?
Sarah Croxford Has the Evidence Act Been a Successful Codification? Is it a True Code? LLM RESEARCH PAPER LAWS 546: LEGISLATION FACULTY OF LAW 2015 II Sarah Croxford 300223766 Contents Abstract I Has the Evidence Act been a Successful Codification? Is it a True Code? A Introduction II Why the Law Change? A The Law was too Complex B Public Opinion III The Actions of the Law Commission IV What is the definition of a code? A Origin B Modern interpretation C Codification in Australia D Criminal Codification in the United Kingdom E The New Zealand Law Commissions Definition V What is the function of a code? What are its qualities? A A Fresh Start B Purpose and Principles C Gapless D Efficient E Legitimacy of Criminal Law F Society G But why then, are some People Against Codification? VI Jurisdictions A Australia B Canada C America D England E New Zealand II III Sarah Croxford 300223766 VII An analysis of the Evidence Act 2006 A Section 10 Interpretation – Are the Values of a Code Accomplished? 1 Section 10(1)(a) 2 Section 10(1)(b) 3 Section 10(1)(c) 4 The Law Commissions commentary B Purpose of the Act – Does this Achieve the Values and Advantages of a Code? 1 Section 6(b) 2 Section 6(c) 3 Section 6(e) 4 Section 6 (f) C Section 7 Relevance Principle – Does this Achieve the Values of a Code? D Section 8 Probative Value Principle – Does this Achieve the Values of a Code? E Section 12 Gapless – Does this Achieve the Values of a Code 1 Inclusion of the Common Law 2 Future Developments of Electronic Evidence F Section 5 Inconsistencies G Section 202 Periodic Review – Does this Achieve the Values of a Code? H Size VIII Changes due to the reform – Do these Achieve the Values of a Code? A Propensity B Improperly Obtained Evidence IX By and large has the Act and Codification been worthwhile? III IV Sarah Croxford 300223766 Abstract This paper examines the Evidence Act 2006 to determine whether it has been a successful codification of the law of evidence in New Zealand. -
R V Horncastle and Others (Appellants) (On Appeal from the Court of Appeal Criminal Division)
Michaelmas Term [2009] UKSC 14 On appeal from: [2009] EWCA Crim 964 JUDGMENT R v Horncastle and others (Appellants) (on appeal from the Court of Appeal Criminal Division) before Lord Phillips, President Lady Hale Lord Brown Lord Mance Lord Neuberger Lord Kerr Lord Judge JUDGMENT GIVEN ON 9 December 2009 Heard on 7, 8 and 9 July 2009 Appellants (Horncastle Appellants (Marquis and Respondent and Blackmore) Graham) Tim Owen QC Shaun Smith QC David Perry QC John Gibson James Beck Louis Mably Janet Reaney (Instructed by The (Instructed by The Johnson (Instructed by Crown Johnson Partnership Partnership Solicitors ) Prosecution Service) Solicitors ) LORD PHILLIPS, PRESIDENT This is a judgment with which all members of the court agree. Introduction 1. Each of the appellants has been convicted on indictment of a serious criminal offence. Each has had an appeal against conviction dismissed by the Court of Appeal. Each appeals on the ground that he did not receive a fair trial, contrary to article 6 of the European Convention on Human Rights (“article 6”) (“The Convention”). The appeal of each is based on the fact that there was placed before the jury the statement of a witness who was not called to give evidence. In each case the witness was the victim of the alleged offence. 2. Mr Horncastle and Mr Blackmore were convicted of causing grievous bodily harm, with intent, to Mr Peter Rice. Mr Rice made a witness statement to the police about what had happened to him. He died before the trial of causes not attributable to the injuries that had been inflicted upon him. -
Court Teasers
If you have issues viewing or accessing this file, please contact us at NCJRS.gov. I } i ~ \ 1 COURT TEASERS Practical Situations Arising in Magistrates· Courts BY MILES McCOLL, Solicitor Clerk to the Leigh Justices ~....m_;q_r------ SB~ 0-85992-155-7 1978 C.M. McColl Published by Barry Rose (Publishers) Ltd. Little London, Chichester West Sussex Printed by The Southern Post Ltd. London Road, Bognor Regis, Sussex Criminal Law Act 1977 All provisions, except s.47, of this Act which are referred to in the text were brought into force on or before July 17 1978. ,Any reference in the text to 'an indictable offence dealt with summarily' should be construed as the summary trial of an offence triable either-way. Any reference to 'indictable offence' means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either-way. Any reference to a 'summary offence' means an offence which, if committed by an adult, is triable only summarily. 'Offence triable either-way' means an offence which, if committed by an adult, is triable either on indictment or summarily. (C.L. A. , 1977, s.64). iii ~~~---------.---------~----- --------------~--~-- t f; t t PREFACE t·" ~! I Although most magistrates are, by virtue of their office, lay persons, they must at all times be aware of the kind of problems which occur in their courts, in order to do justice to their important judicial appointment. In this booklet I have tried to set out in question-and-answer form, examples of the types of situation which often give cause for concern in magistrates' courts solely because the words of the relevant statutes or the decisions of the appeal courts are not closely followed. -
Lalith De Kauwe
Lalith de Kauwe YEAR OF CALL: 1978 Lalith specialises in serious criminal defence. He has acted in many cases of murder, serious violence, large-scale Class A drug dealing and importation, human trafficking, public order and complex, high-value fraud. Throughout, his legal practice has been informed by his belief in social justice, civil rights and a commitment to assisting disadvantaged communities. "Lalith is a fearless defender who makes his presence known in court. He is a formidable jury advocate who fights tenaciously for his clients." MANOJ RUPASINGHE, SENIOR PARTNER, LLOYDS PR SOLICITORS "Lalith has all the skills that you could wish to find in a senior advocate. He has the ability to consistently secure acquittals against the odds." AMIR AHMAD, SOLICITOR, IMRAN KHAN AND PARTNERS SOLICITORS "Lalith is an excellent leading counsel. He stays one step ahead of the opposition whilst maintaining excellent rapport with clients." SISIRA POLPITIYA, SENIOR PARTNER, POLPITIYA & CO SOLICITORS "A fearless advocate who fights tooth and nail for his clients, no matter how big or small the case. Makes his clients comfortable and is a man of principle." SEAN NEVILLE, SOLICITOR, SATHA & CO SOLICITORS If you would like to get in touch with Lalith please contact the clerking team: [email protected] | +44 (0)20 7993 7600 You can also contact Lalith directly: +44 (0)20 7993 7722 CRIMINAL DEFENCE Lalith specialises in serious criminal defence. He has acted in many cases of murder, serious violence, large- scale Class A drug dealing and importation, human trafficking, and public order. NOTABLE CASES R v R - Successfully defended at the Central Criminal Court. -
“Go No Further Than the Words of the Section”: from the Evidence Act to the Comfort of the Common Law
“GO NO FURTHER THAN THE WORDS OF THE SECTION”: FROM THE EVIDENCE ACT TO THE COMFORT OF THE COMMON LAW MEGAN A PATERSON A dissertation submitted in partial fulfilment of the degree of Bachelor of Laws (Honours) at the University of Otago, Dunedin, New Zealand October 2014 ACKNOWLEDGEMENTS I would like to thank my supervisor, Donna Buckingham. Your commitment and genuine dedication throughout the year have made writing this dissertation such a stimulating and enjoyable task. I am truly grateful for all your guidance. Thank you to Professor Richard Mahoney for your helpful suggestions and pragmatic approach. Thank you also to Professor Geoff Hall for your advice and enthusiasm. To my friends in law school, thank you for your encouragement and inspiration. It has been a pleasure to share this experience with such a talented group of people. To my flatmates, cheers for your support and for keeping me smiling. Finally, thank you to my family. To my incredible parents, Beth and Graham, words cannot express how grateful I am for your love, unwavering support, and encouragement. Thank you for always believing in me. To Ben, Luke and Jenna, thank you for your positivity and understanding. Title quote from: Messenger v Stanaway Real Estate Limited CIV-2012-404-7205, [2014] NZHC 2103 at [20] citing Body Corporate 191561 v Argent House Ltd (2008) 19 PRNZ 500 (HC) at [31]. ii CONTENTS Introduction: The Impetus for Inquiry .......................................................................... 1 Chapter One: Codification ............................................................................................. -
WJEC/Eduqas a Level Law Book 2 Answers
WJEC/Eduqas A Level Law Book 2 answers Chapter 1: The law of contract Activity 1.1 Legal authority Legal authority Rule s9 Services must be provided at a reasonable price. s10 An unfair term is not binding on the consumer. The consumer’s legal right to reject goods that are of unsatisfactory s11 quality. s20 Goods must be fi t for purpose. s23 Goods must be of satisfactory quality. If a service does not satisfy criteria, trader should redo the inadequate s49 element at no extra cost. Where repeat performance of the service is not possible, the consumer s50 can obtain a price reduction. s51 Goods must be as described. Retailer must be given the opportunity to repair or replace defective goods s52 outside the 30 days of purchase. s55 Services must be undertaken with reasonable care and skill. Any information given to the consumer before the service is provided is s56 binding. s62 Services must be provided within a reasonable time. Activity 1.2 Implied terms These are mini scenarios for which the students can use the IDA structure to construct mini answers using the relevant statute provisions. 1 WJEC/Eduqas A Level Law Book 1 answers Activity 1.3 Application question (taken from WJEC/Eduqas SAMs material) 1. The question is taken from WJEC/Eduqas sample assessment material. Refer to https://www.eduqas.co.uk/qualifi cations/law/A-level-Law-SAMs.pdf, page 35, for indicative content of a response. 2. Use the approach outlined in the SAM that covers Q1 to respond. Discus it with a classmate if you want to. -
The Relationship of Contractual Remedies to Political and Social Status: a Preliminary Inquiry David S
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 1-1-1982 The Relationship of Contractual Remedies to Political and Social Status: A Preliminary Inquiry David S. Cohen Pace Law School, [email protected] Follow this and additional works at: http://digitalcommons.pace.edu/lawfaculty Part of the Contracts Commons, and the Legal Remedies Commons Recommended Citation David Cohen, The Relationship of Contractual Remedies to Political and Social Status: A Preliminary Inquiry, 32 U. Toronto L.J. 31 (1982), http://digitalcommons.pace.edu/lawfaculty/428/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. David Cohen* THE RELATIONSHIP OF CONTRACTUAL REMEDIES TO POLITICAL AND SOCIAL STATUS: A PRELIMINARY INQUIRY? 'And you see', Trollope makes Archdeacon Grantley say, 'land gives so much more than rent. It gives position and influence and political power, to say nothing about the game." What things 'give' is the very heart of the law of property. And what agreements 'give' is equally at the heart of the law of contract. No legal system could hope to develop at all unless it established rules defining the remedies available to enforce agreements or, put another way, insisting that one 'gets what one has been promised.' However we choose to define the substance of consensual obligations, we must include a reference to enforceability.' An individual who has had his contractual expectations shattered and goes to law in order to obtain compensation or performance premises his claim on the destruction of his perceived wealth, represented by his personal expectation of profit created at the instant of agreement.3 Both parties stand to gain by the exchange through the enjoyment of their respective profits which did not exist prior to the bargain.