Report on Defences in Criminal
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Induced Intoxication
PARLIAMENT OF VICTORIA LAW REFORM COMMITTEE Criminal Liability for Self- Induced Intoxication REPORT Ordered to be Printed Melbourne Government Printer May 1999 No 53 Session 1998–99 Parliament of Victoria, Australia Law Reform Committee Melbourne Bibliography ISBN 0-7311-5265-4 Cover Design & Graphics: Paul Angus ii C OMMITTEE M EMBERSHIP CHAIRMAN *Mr Victor Perton, MP DEPUTY CHAIR *Mr Neil Cole, MP MEMBERS *Mr Florian Andrighetto, MP (Chairman Subcommittee) Ms Mary Delahunty, MP *Hon Carlo Furletti, MLC Hon Monica Gould, MLC *Mr Noel Maughan, MP Mr Alister Paterson, MP *Mr Tony Robinson, MP * denotes membership of Criminal Liability for Self-Induced Intoxication Inquiry Subcommittee The Committee’s address is — Level 8, 35 Spring Street MELBOURNE VICTORIA 3000 Telephone inquiries — (03) 9651 3644 Facsimile — (03) 9651 3674 Email — [email protected] Internet— http://www.lawreform.org.au iii iv C OMMITTEE S TAFF EXECUTIVE OFFICER AND DIRECTOR OF RESEARCH Mr Douglas Trapnell RESEARCH OFFICER Ms Jenny Baker OFFICE MANAGER Ms Angelica Vergara v vi C ONTENTS Committee Membership........................... ............................................................................................... iii Committee Staff ........................................................................................................................................v Chairman’s Foreword .............................................................................................................................. xi Functions of the Committee................................................................................................................... -
Criminal Law
Part A Bar Examinations 2015 Criminal Law Subject Coordinator: Dr S. Chandra Mohan School of Law, Singapore Management University Singapore Institute of Legal Education Part A Bar Examinations 2015 SINGAPORE INSTITUTE OF LEGAL EDUCATION Part A Bar Examinations 2015 Criminal Law (Version: 14 May 2015) INTRODUCTION The Part A Bar Examination in Criminal Law is designed to test whether overseas law graduates have obtained sufficient knowledge of the fundamental principles of criminal law in Singapore and understand how these are applied within Singapore’s criminal justice system. It is important that students keep in mind the relevant local legislative provisions and the court decisions that have interpreted these provisions (see the detailed Reading List). Singapore’s criminal law is codified and is principally contained in the Penal Code which was enacted in 1870. It is based on the Indian Penal Code and its provisions are not always similar to the English Criminal Law which its drafter, Lord Macaulay, sought to improve. Two core values of such a written Code that students must bear in mind are accessibility of the penal provisions and comprehensibility so that the layman can obtain and understand the law better. The use of ‘explanations’ and ‘illustrations’ in the sections, which give examples of the application of the provisions, are unique to the Penal Code. As the Penal Codes of India and Malaysia are similar to our Code, cases from these jurisdictions are of persuasive value in interpreting identical provisions. There are other statutes which provide for specific offences such as the Misuse of Drugs Act and the Prevention of Corruption Act. -
Tainted by Torture Examining the Use of Torture Evidence a Report by Fair Trials and REDRESS May 2018
Tainted by Torture Examining the Use of Torture Evidence A report by Fair Trials and REDRESS May 2018 1 Fair Trials is a global criminal justice watchdog with offices in London, Brussels and Washington, D.C., focused on improving the right to a fair trial in accordance with international standards. Fair Trials’ work is premised on the belief that fair Its work combines: (a) helping suspects to trials are one of the cornerstones of a just society: understand and exercise their rights; (b) building an they prevent lives from being ruined by miscarriages engaged and informed network of fair trial defenders of justice, and make societies safer by contributing to (including NGOs, lawyers and academics); and (c) transparent and reliable justice systems that maintain fighting the underlying causes of unfair trials through public trust. Although universally recognised in research, litigation, political advocacy and campaigns. principle, in practice the basic human right to a fair trial is being routinely abused. Contacts: Jago Russell Roseanne Burke Chief Executive Legal and Communications Assistant [email protected] [email protected] For press queries, please contact: Alex Mik Campaigns and Communications Manager [email protected] +44 (0)207 822 2370 For more information about Fair Trials: Web: www.fairtrials.net Twitter: @fairtrials 2 Tainted by Torture: Examining the Use of Torture Evidence | 2018 REDRESS is an international human rights organisation that represents victims of torture and related international crimes to obtain justice and reparation. REDRESS brings legal cases on behalf of individual Its work includes research and advocacy to identify victims of torture, and advocates for better laws to the changes in law, policy and practice that are provide effective reparations. -
A Legal Response to Colin Holmes
J Med Ethics: first published as 10.1136/jme.17.2.86 on 1 June 1991. Downloaded from Journal ofmedical ethics, 1991, 17, 86-88 Psychopathic disorder: a category mistake? A legal response to Colin Holmes Irene Mackay University ofManchester Author's abstract diminished responsibility upon which I propose to comment. Holmes is concerned with a conflict between law and The absence of any established medical or medicine about the problem ofpsychopathy, in particular psychiatric definition of 'moral insanity' or as it relates to homicide. 'psychopathy' is noteworthy in this article by Colin He looksfor a consistent set oflegal principles based on Holmes. It is not clear whether either can be referred to a variety ofmedical concepts and in doing so criticises the correctly as an illness or whether the two could be courtfor its commonsense approach, its disregardfor synonymous. Moral insanity is referred to as 'absence medical evidence andfor employing lay notions of of conscience', 'no capacity for true moral feelings', responsibility and illness. 'depravity', and 'absence of moral scruple'. This commentary explores how Holmes's notionsfit into Psychopathy appears to mean 'total lack ofcopyright. existing legal rules and explains how the court seeks the compunction or consequent moral emotion', 'absence assistance ofmedical evidence when looking at the evidence of conscience', 'inability to experience guilt' and 'lack as a whole to enable it to decide upon issues ofdefence, of respect for the moral claims of others'. which involve legal and not medical concepts. Holmes is concerned with the conflict between law There is a difficulty inherent in this paper, as it seeks to and medicine about what he refers to as the problem of psychopathy. -
Criminal Law and Litigation CPD Update
prepared for Criminal Law and Litigation CPD Update Andrew Clemes CPD Training 2008 edition in Law ILEX CPD reference code: L22/P22 CPD © 2008 Copyright ILEX Tutorial College Limited All materials included in this ITC publication are copyright protected. All rights reserved. Any unauthorised reproduction or transmission of any part of this publication, whether electronically or otherwise, will constitute an infringement of copyright. No part of this publication may be lent, resold or hired out for any purpose without the prior written permission of ILEX Tutorial College Ltd. WARNING: Any person carrying out an unauthorised act in relation to this copyright work may be liable to both criminal prosecution and a civil claim for damages. This publication is intended only for the purpose of private study. Its contents were believed to be correct at the time of publication or any date stated in any preface, whichever is the earlier. This publication does not constitute any form of legal advice to any person or organisation. ILEX Tutorial College Ltd will not be liable for any loss or damage of any description caused by the reliance of any person on any part of the contents of this publication. Published in 2008 by: ILEX Tutorial College Ltd College House Manor Drive Kempston Bedford United Kingdom MK42 7AB Preface This update has been prepared by ILEX Tutorial College (ITC) to assist Fellows and Members of the Institute of Legal Executives (ILEX) in meeting their continuing professional development (CPD) or lifelong learning requirements for 2008. Fellows are required to complete 16 hours of CPD in 2008 and Members eight hours of CPD. -
The Origins of the Homicide Act 1957
Journal ofmedical ethics, 1986, 12, 8-12 J Med Ethics: first published as 10.1136/jme.12.1.8 on 1 March 1986. Downloaded from Forensic psychiatry symposium The origins of the Homicide Act 1957 J Higgins Regional Forensic Psychiatry Service, Liverpool Editor's note were certain serious wrongs, amongst them murder, which were 'botless', that is they could not be expiated Thispaper traces the history ofthe concepts ofinsanity and by compensation but had to be punished by death and diminished responsibility in English law. Insanity as a forfeiture ofproperty. Nevertheless for both groups of defence in Law has two components, and these two offences, botless and non-botless, there was no components developed quite separately. The idea that an assessment of culpability or responsibility - a sort of insane person may not know what he or she is doing when strict liability operated. It appears that the mentally he or she commits an offence, and isfor this reason not abnormal offender's family would have to pay guilty, goes back to the thirteenth century. The other compensation for any act done by him, including component, which developed in the seventeenth century, homicide, and thereafter take care of him - 'an insane was known as the 'right-wrong test'. According to this a person should be guarded and treated leniently by his person who commits an offence may be not guilty on the parents'. copyright. grounds that he does not know that what he is doing is wrong. The conceptofdiminished responsibility originated in the middle ofthe nineteenth century and was developed The twelfth to the eighteenth centuries in Scottish law. -
A Comparison of R. V. Stone with R. V. Parks: Two Cases of Automatism
ANALYSIS AND COMMENTARY A Comparison of R. v. Stone with R. v. Parks: Two Cases of Automatism Graham D. Glancy, MB, ChB, John M. Bradford, MB, ChB, and Larissa Fedak, BPE, MSc, LLB J Am Acad Psychiatry Law 30:541–7, 2002 Both the medical and legal professions recognize that The Diagnostic and Statistical Manual of Mental Dis- some criminal actions take place in the absence of orders, fourth edition (DMS-IV),3 does not define consciousness and intent, thereby inferring that these automatism, although it does include several diag- actions are less culpable. However, experts enter a noses, such as delirium or parasomnias, that could be legal quagmire when medical expert evidence at- the basis for automatism. tempts to find some common meaning for the terms The seminal legal definition is that of Lord Den- “automatism” and “unconsciousness.” ning in Bratty v. A-G for Northern Ireland: 1 The Concise Oxford Dictionary defines autom- . .an act which is done by the muscles without any control by atism as “Involuntary action. (Psych) action per- the mind, such as a spasm, a reflex action, or a convulsion; or an formed unconsciously or subconsciously.” This act done by a person who is not conscious of what he is doing, seems precise and simple until we attempt to de- such as an act done while suffering from concussion or while 4 fine unconscious or subconscious. Fenwick2 notes sleepwalking. that consciousness is layered and that these layers This was developed by Canadian courts in R. v. Ra- largely depend on subjective behavior that is ill de- bey: fined. -
Intoxication and Legal Defences Quazi Haque & Ian Cumming
Haque & Cumming Advances in Psychiatric Treatment (2003), vol. 9, 144–151 Intoxication and legal defences Quazi Haque & Ian Cumming Abstract Intoxication with alcohol and drugs is commonly associated with criminal offending. The relationship between intoxication and criminal culpability is complex and may be of psychiatric relevance, especially if a mental condition legal defence is being considered. This article outlines the legal issues (such as they apply in England and Wales) of which psychiatrists should be aware when preparing medico-legal opinions about mentally disordered offenders. Intoxication with alcohol or drugs is the obvious Box 1 Other UK jurisdictions theme of certain charges such as drunk and dis- orderly conduct or drink-driving. In other offences, The law in Scotland attaches rather less intoxication may be a factor that can affect or importance to subjective mens rea than that complicate the issue of criminal responsibility. in England and Wales. Most Scottish criminal Approximately 50% of violent offences and charges allege no mental element at all but property offences are committed after drugs or refer only to the proscribed harm. The mens alcohol have been consumed, and although con- rea terms such as recklessness and negligence sumption may not be directly linked to the offence, are often interpreted with an objectivist slant. there is often a strong association between the two. Liability for causing inadvertent harm while Psychiatrists are frequently asked to comment on drunk departs little from normal principles. the effects of intoxication on mental responsibility. The distinction between offences of basic and Although the legal defences of insanity and dimin- specific intent has therefore not developed to ished responsibility are familiar to psychiatrists, the the same extent as south of the border. -
A New Homicide Act for England and Wales?
The Law Commission Consultation Paper No 177 (Overview) A NEW HOMICIDE ACT FOR ENGLAND AND WALES? An Overview The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Toulson, Chairman Professor Hugh Beale QC, FBA Mr Stuart Bridge Dr Jeremy Horder Professor Martin Partington CBE The Chief Executive of the Law Commission is Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This overview, completed on 28 November 2005, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. For those who are interested in a fuller discussion of the law and the Law Commission's proposals, our formal consultation paper is accessible from http://www.lawcom.gov.uk/murder.htm, or you can order a hard copy from TSO (www.tso.co.uk). The Law Commission would be grateful for comments on its proposals before 13 April 2006. Comments may be sent either – By post to: David Hughes Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1212 Fax: 020-7453-1297 By email to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format. All responses will be treated as public documents in accordance with the Freedom of Information Act 2000, and may be made available to third parties. -
Download Profile
Maryam Mir Call: 2011 Email: [email protected] Profile Maryam is a popular choice amongst lay and professional clients for her detailed preparation, fearless advocacy in court and personable nature. She is a compassionate listener who fights for her clients with determination and gets great results. Maryam has experience in a wide range of criminal offences. As a led junior, Maryam is instructed in cases involving homicide, firearms, terrorism and large scale fraud. As leading counsel, she has defended in cases of serious violence, conspiracy to supply firearms, politically motivated offending from terrorism to protest, financial crime, fraud and regulatory matters, sexual offences, drugs supply conspiracies and kidnapping. She worked on several high-profile terrorism cases during her secondment with Reprieve, representing leaders of political parties sanctioned as terrorists by the UN, US and UK. She was part of a team that brought the first due process challenge in the US against the inclusion of a US citizen on a “Kill List”, whilst reporting on the conflict in Syria. She has experience in cases involving legal challenges to the use of state extra-judicial killing by drones and/or mercenaries. She assists individuals challenging their listing by the UN Security Council Counter-Terrorism Committee. Maryam is experienced in advising on appeals against conviction and sentence before the Criminal Division of the Court of Appeal. Maryam is determined to encourage other ethnic minority women to enter and stay in the profession. She -
Defences, Mitigation and Criminal Responsibility
Chapter 12 Defences, mitigation and criminal responsibility Page Index 1-12-1 Introduction 1-12-2 Part 1 - Defences 1-12-3 General defences 1-12-4 Intoxication/drunkenness due to drugs/alcohol 1-12-4 Self defence 1-12-4 Use of force in prevention of crime 1-12-5 Mistake 1-12-5 Duress 1-12-6 Necessity 1-12-6 Insanity 1-12-6 Automatism 1-12-6 Other defences 1-12-7 Provocation 1-12-7 Alibi 1-12-7 Diminished responsibility 1-12-7 Consent 1-12-7 Superior orders 1-12-7 Part 2 - Mitigation 1-12-9 Part 3 - Criminal responsibility 1-12-10 Intention 1-12-10 Recklessness 1-12-10 Negligence 1-12-10 Lawful excuse or reasonable excuse – the burden of proof 1-12-11 Evidential burden 1-12-11 Lawful excuse 1-12-11 Reasonable excuse 1-12-11 JSP 830 MSL Version 2.0 1-12-1 AL42 35 Chapter 12 Defences, mitigation and criminal responsibility Introduction 1. This chapter is divided into three parts: a. Part 1 - Defences (paragraphs 4 - 28); b. Part 2 - Mitigation (paragraphs 29 - 31); and c. Part 3 - Criminal responsibility (paragraphs 32 - 44). 2. This chapter provides guidance on these matters to those involved in the administration of Service discipline at unit level. Related chapters are Chapter 9 (Summary hearing and activation of suspended sentences of Service detention), Chapter 6 (Investigation, charging and mode of trial), and Chapter 11 (Summary hearing - dealing with evidence). 3. This is not a detailed analysis of the law on the most common defences likely to be put forward by an accused, but when read in conjunction with the chapters mentioned above, should provide enough information for straightforward cases to be dealt with and ensure that staffs can identify when a case should be referred for Court Martial (CM) trial. -
Defences to Homicide Issues Paper
Defences to Homicide Issues Paper Victorian Law Reform Commission GPO Box 4637 Melbourne Victoria 3001 Australia DX 144 Melbourne Level 10 10–16 Queen Street Melbourne Victoria 3000 Australia Telephone +61 3 8619 8619 1300 666 555 (within Victoria) Facsimile +61 3 8619 8600 TTY 1300 666 557 [email protected] www.lawreform.vic.gov.au ii Please note that this Issues Paper contains a number of case studies, each of which is based on a real case. Where possible, given names, not family names, are used. Where the given name is not available, the family name is used. The case studies also contain details of the offences, where this is necessary to explain the issues involved. These may be disturbing to some readers. Published by the Victorian Law Reform Commission. The Victorian Law Reform Commission was established under the Victorian Law Reform Commission Act 2000 as a central agency for developing law reform in Victoria. This Issues Paper reflects the law as at 31 March 2002. © 2002 Victorian Law Reform Commission. This work is protected by the laws of copyright. Except for any uses permitted under the Copyright Act 1968 (Cth) or equivalent overseas legislation, no part of this work may be reproduced, in any manner or in any medium, without the written permission of the publisher. All rights reserved. The publications of the Victorian Law Reform Commission follow the Melbourne University Law Review Association Inc, Australian Guide to Legal Citations (2000). Note: Unless otherwise stated, all references to legislation in this Issues Paper are to Victorian legislation.