DOCSLIB.ORG

Sentencing Dangerous Drivers in New South Wales-Impact of the Jurisic Guidelines on Sentencing Practice-Research Monograph 21, 2

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Sentencing Dangerous Drivers in New South Wales-Impact of the Jurisic Guidelines on Sentencing Practice-Research Monograph 21, 2 monograph2002 series 21 Sentencing dangerous drivers in New South Wales impact of the Jurisic guidelines on sentencing practice Judicial Commission of New South Wales Sentencing dangerous drivers in New South Wales impact of the Jurisic guidelines on sentencing practice Lynne A Barnes Senior Research Officer (Legal) Patrizia Poletti Senior Research Officer (Special Projects) Ivan Potas Director (Research & Sentencing) Judicial Commission of New South Wales Published in Sydney by — Judicial Commission of New South Wales Level 5, 301 George Street Sydney NSW 2000 GPO Box 3634 Sydney NSW 2001 Printed July 2002 ISBN 0 7313 5602 0 © Judicial Commission of New South Wales 2002 This publication is copyright. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior permission. Enquiries should be addressed to the publisher. The views expressed in this monograph are the views of the individual authors and do not represent any official views of the Judicial Commission of New South Wales, nor are they necessarily shared by the members of the staff of the Commission. Whilst all reasonable care has been taken in the preparation of this publication, no liability is assumed for any errors or omissions. Editing — Ruth Sheard Design and production — Ruth Sheard Cover photography — Gary Graham: Newspix; PhotoDisc Printers — Bloxham & Chambers Lithographic Printers Contents List of tables & figures ............................................................................................................... iv Cases cited .................................................................................................................................... v Legislation cited .......................................................................................................................... vi Summary ...................................................................................................................................... vii 1 Introduction ...................................................................................................................... 1 1.1 Aims of the study .......................................................................................................................2 2 The offence ....................................................................................................................... 3 2.1 Background ...................................................................................................................................3 2.2 Current legislation .....................................................................................................................4 2.3 Relevant case law ........................................................................................................................6 2.3.1 The guideline judgment in Jurisic ........................................................................8 2.4 The High Court ....................................................................................................................... 10 3 Methodology ................................................................................................................. 13 3.1 The meaning of consistency in sentencing ................................................................. 13 3.2 Time frame and data .............................................................................................................. 14 3.3 Statistical tests ........................................................................................................................... 14 3.4 The research questions .......................................................................................................... 15 3.4.1 The first guideline ..................................................................................................... 15 3.4.2 The second guideline .............................................................................................. 15 3.4.3 Court of Criminal Appeal .................................................................................... 16 4 Analysis & findings ..................................................................................................... 17 4.1 The effect of Jurisic in terms of severity and consistency measured on severity of penalty type ............................................................................. 17 4.2 The effect of Jurisic in terms of severity and consistency measured by length of full time imprisonment ........................................................ 20 4.3 Analysis of the Court of Criminal Appeal decisions ............................................. 28 4.3.1 Crown appeals ............................................................................................................. 29 4.3.2 Sentence severity appeals ....................................................................................... 30 4.3.3 Exceptional cases ....................................................................................................... 31 4.4 Changes in the prison population after Jurisic ......................................................... 32 5 Conclusions ................................................................................................................... 33 Appendices A Crimes Act 1900 (NSW), ss 52A and 52AA .............................................................. 35 B Table of CCA cases pre & post Jurisic .......................................................................... 39 Selected bibliography .............................................................................................................. 45 iv Impact of the Jurisic guidelines on sentencing practice List of tables & figures Tables 1 Characteristics of offenders sentenced under s 52A of the Crimes Act 1900 (NSW) — pre and post Jurisic ............................................................................ 17 2 Trends in overall penalty types for offences under s 52A of the Crimes Act 1900 (NSW) — pre and post Jurisic ............................................................................ 18 3 Trends in custodial penalties for offences under s 52A of the Crimes Act 1900 (NSW) by subsection — pre and post Jurisic .............................................. 19 4 Severity and consistency of full time custody (head sentences and non-parole periods) for offences under s 52A of the Crimes Act 1900 (NSW) by subsection — pre and post Jurisic .............................................. 21 5 CCA appeals under s 52A of the Crimes Act 1900 (NSW) — pre and post Jurisic ........................................................................................................................................ 28 6 Sentenced inmates in full time custody for driving offences on 30 June: 1997–2001 ........................................................................................................................................................ 32 7 Dangerous driving causing death — Appeals against severity of sentence ....................... 39 8 Dangerous driving causing death — Crown appeals .................................................................. 40 9 Dangerous driving occasioning GBH — Appeals against severity of sentence .............. 42 10 Dangerous driving occasioning GBH — Crown appeals ......................................................... 44 Figures 1 Length of full time custody (head sentences and non-parole periods) under s 52A(1)(a) of the Crimes Act 1900 (NSW) — pre and post Jurisic .................................... 22 2 Length of full time custody (head sentences and non-parole periods) under s 52A(1)(c) of the Crimes Act 1900 (NSW) — pre and post Jurisic .................................... 23 3 Length of full time custody (head sentences and non-parole periods) under s 52A(2) of the Crimes Act 1900 (NSW) — pre and post Jurisic .......................................... 24 4 Length of full time custody (head sentences and non-parole periods) under s 52A(3)(a) of the Crimes Act 1900 (NSW) — pre and post Jurisic .................................... 25 5 Length of full time custody (head sentences and non-parole periods) under s 52A(3)(c) of the Crimes Act 1900 (NSW) — pre and post Jurisic .................................... 26 6 Length of full time custody (head sentences and non-parole periods) under s 52A(4) of the Crimes Act 1900 (NSW) — pre and post Jurisic .......................................... 27 Impact of the Jurisic guidelines on sentencing practice v Cases cited Coventry v The King (1938) 59 CLR 633 R v McDonald (unreported, 12 October 1998, DPP v Smith [1960] 3 All ER 161 NSWCCA) Everett v The Queen (1994) 181 CLR 295 R v MacIntyre (1988) 38 A Crim R 135 R v Ashman (1858) 1 F&F 88; 175 ER 638 R v McKinney [1999] NSWCCA 51 R v B (unreported, 21 August 1990, NSWCCA) R v Mansour [1999] NSWCCA 180 R v Bailey [2001] NSWCCA 10 R v Marlin (unreported, 10 September 1997, R v Begbie [2001] NSWCCA 206 NSWCCA) R v Black (unreported, 23 July 1998, R v Menzies [1999] NSWCCA 222 NSWCCA) R v Milsom (unreported, 10 December 1997, R v Boswell (1984) 79 Cr App R 277 NSWCCA) R v Burnett (1996) 85 A Crim R 76 R v Murnin (unreported, 16 August 1985, R v Byrne (1998) 104 A Crim R 456 NSWCCA) R v Davies (unreported,
Load more

Recommended publications
  • 'Ite Offences Against the Person
    OFFENCES AGAINST THE PERSON ’ITE OFFENCES AGAINST THE PERSON ACT ARRANGEMENT OF SECTIONS 1. short title. Homicide 2. Capitall murders. 3. Sentence of death. Sentence of death not to be passed on pregnant mmm. Procedure where woman convicted of capital offence alleges she is pregnant. 3~.Life imprisonment for non-capital murder. 3~.Provisions as to procedure and regarding repulted and multiple murders. 3c. Proyisions as to appeab in relation to repeated and multiple murders. 3~.Provisions as to procedure regarding two or more murders tried together. 4. Abolition of ‘‘ms~~emalice’’. 5. Persons suffering from diminished responsibility. 6. Provocation. 7. suicide pact. 8. Conspiring or soliciting to commit murder. 9. Manslaughter. 10. Exasable homicide. 11. Petit tnasm. 12. Provision for trial of certain cases of murder or manslaryhtcr. Attempts to Murder 13. Administering poison, or wounding with intent to murder. 14. Destroying or damaging building with intent to murder. 15. Setting 6re to ship, etc., with intent to murder. 16. Attempting to administer poison, etc.. with intent to murder. 17. By other means attempting to commit murder. htters Threatening to Murder 18. Letters threatening to murder. [The inclusion of thiu page is authorized by L.N. 42/1995] OFFENCES A CAINST THE PERSON Acts Causing or Tending to Cause Donger to rife, or Bodily Harm 19. Preventing person endeavouring to save his life in shipwreck. 20. Shooting or attempting to shoot or wounding with intent to do grievous bodily harm. 21. What shall be deemed loaded arms. 22. Unlawful wounding. 23. Attempting to choke, etc., in order to commit indictable offence.
    [Show full text]
  • Grievous Bodily Harm – Provocation and Self Defence
    Grievous bodily harm – provocation and self defence Date: Monday May 10, 2021 . A common criminal charge resulting from a physical altercation is ‘grievous bodily harm’ (often referred to as GBH). Many grievous body harm charges arise out of a fight scenario (often involving alcohol) – there is a verbal exchange, then a scuffle, before someone punches or kicks the other, causing serious injury. If you are the person who delivers the ‘final hit’, can you defend the charge? The law does not expect citizens to be passive when their safety is threatened by someone else. Sometimes an attacker may come off second best but it does not necessarily follow that the one who wins the fight has committed the crime. What is grievous bodily harm? Legally, the term ‘grievous bodily harm’ means an injury that causes: •the loss of a distinct part or an organ of the body; or •serious disfigurement; or •any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health. Options for the defence of self-defence The most common defence to grievous bodily harm charges is that of self-defence. The law relating to self-defence in the context of grievous bodily harm is split into two categories: 1. Self defence to an unprovoked assault; and 2. Self defence to a provoked assault. What is a provoked assault? A provoked assault involves an insult or act of such a nature to be likely to deprive an ordinary person of the power of self-control, and induce them to assault the person who insulted them.
    [Show full text]
  • 2012 Criminal Code (Amendment) Act 29 711
    2012 Criminal Code (Amendment) Act 29 711 ARRANGEMENT OF CLAUSES 1. Short Title 2. Amendment of section 20 of principal Code 3. Amendment of section 50 of principal Code 4. Amendment of section 70 of principal Code 5. Insertion of new section in principal Code 6. Insertion of new sections in principal Code 7. Amendment of section 82 of principal Code 8. Insertion of new section in principal Code 9. Amendment of section 83 of principal Code 10. Amendment of section 87 of principal Code 11. Amendment of section 88 of principal Code 12. Amendment of section 95 of principal Code 13. Amendment of section 97 of principal Code 14. Amendment of section 99 of principal Code 15. Insertion of new sections in principal Code 16. Amendment of section 137 of principal Code 17. Amendment of section 175 of principal Code 18. Amendment of section 176 of principal Code 19. Repeal 20. Amendment of section 186 of principal Code 21. Amendment of section 187 of principal Code 22. Amendment of section 188 of principal Code 23. Insertion of new sections in principal Code 24. Amendment of section 189 of principal Code 25. Amendment of section 190 of principal Code 26. Amendment of section 194 of principal Code 27. Amendment of section 195 of principal Code 28. Amendment of section 198 of principal Code 29. Amendment of section 199 of principal Code 30. Amendment of section 203A of principal Code 712 Act 29 Criminal Code (Amendment) 2012 31. Insertion of new sections in principal Code 32. Amendment of section 205 of principal Code 33.
    [Show full text]
  • Dangerous Driving Causing Death Penalty Victoria
    Dangerous Driving Causing Death Penalty Victoria Outright Job still deep-fried: smashing and wisest Willy aggrandise quite satanically but diverts her lymphocytes jealously. Pinched Quent thinks some automations and rives his chinches so powerfully! Catechumenical or ultimate, Lucian never curdled any unclearness! With four counts of culpable driving causing death Victoria Police manual on Monday morning. Penalties on causing death by dangerous driving Sentencing. What are dangerous driving Offences? A driver who came an 11-year-old girl count her input in Saanich while speeding. The race wholesale sentencing changes in Victoria provide two good. A plant what occurred and act may have caused the teenager to frontier the homeless. To take the same penalties as causing death by dangerous driving. More on VIC Thornton Law wildlife and Justice Prisons and Punishment Fire Service Courts and Trials. Of vehicles CarelessDangerous driving Leaving the scene of each accident. Vic businessman jailed for deadly driving. Death by driving sentencing leaflet Sentencing Council. The verge of manslaughter is punishable by imprisonment for 25 years. The hypocrite of causing death by dangerous driving is contained in s 167A of the. 52 The legislation requires that event Court contain the Victoria Sentencing. For Culpable Driving Causing Death according to the Crimes Act 195 Vic s 311. Our brains are mysteriously amazing All day they're drag in information assessing risks and helping us with mundane tasks like survey and driving Simultaneously our brains regulate the function of our organs nervous system or keep us breathing. The errand was created to piss a perceived gap between Culpable driving causing death which carried a maximum penalty of 20 years' imprisonment and licence.
    [Show full text]
  • Rationality and the Rule of Law in Offences Against the Person
    RATIONALITY AND THE RULE OF LAW IN OFFENCES AGAINST THE PERSON JOHN GARDNER* 1. THE CHARGES AGAINST THE 1861 ACT The Offences Against the Person Act 1861 is much disparaged by today’s criminal lawyers. Its provisions have been described as “impenetrable” by the Court of Appeal.1 The House of Lords could not conceal its dissatisfaction with what it called “the irrational result of this piecemeal legislation”.2 Andrew Ashworth has written of the “antiquated and illogical structure”3 of an Act which the Law Commission regards as “unsatisfactory in very many respects”.4 Most recently Brooke J., launching the latest version of the Commission’s reform package, lambasted the operation of the 1861 Act as “a disgrace”, and claimed that this hostile view is shared in every corner of the criminal justice system.5 Although the Act as a whole is often found guilty by association, these serious accusations are being levelled, for the most part, at just a few of its provisions. These are the provisions dealing with what have come to be regarded as the core, workaday offences against the person of a non-fatal and non-sexual kind, namely sections 18, 20 and 47. The charges against these provisions fall under two broad headings. Some charges are laid against the three provisions individually, stressing difficulties of comprehension and adaptation. The language is archaic, the preoccupations are quaint, miscellaneous alternatives are herded uncomfortably together within single definitions, redundant verbiage is included while essential specifications are left out, interpretations have been forced to ever more absurd technicality in the struggle to maintain a semblance of applicability to modern circumstances, etc.
    [Show full text]
  • SLOVAKIA Criminal Code, Act No. 300/2005, Effective 1 January 2006
    SLOVAKIA Criminal Code, Act No. 300/2005, Effective 1 January 2006. Last amendments added sexual orientation (in May 2013, in force 31 July 2013). Section 140 – (Definitions) Specific Motivation Specific motivation shall mean that a criminal offence was committed (...) d) with the intention to publicly incite to violence or hatred directed against a group of persons or individuals because of their affiliation to any race, nation, nationality, skin colour, ethnicity, gender or origin of their religion, if it is a pretext for threatening to the foregoing considerations, (...) f) because of national, ethnic or racial hatred, or hatred caused by the colour of complexion or sexual orientation, or (...). THE FOLLOWING PROVISIONS CONTAIN AN ENHANCED PENALTY IN CASE AN OFFENCE REFERRED TO HAS BEEN COMMITTED “BY REASON OF SPECIFIC MOTIVATION”: Section 144/2/e - First Degree Murder Section 145/2/d - Second Degree Murder Section 147/2/b - Killing Section 148/2/b Section 154/2/c - Participating in a Suicide Section 155/2/c - Bodily Harm Section 156/2/b Section 159/3/b - Wrongful Taking of Organs, Tissues and Cells and Criminal Sterilization Section 160/2/b Section 170/2/c - Endangering Health due to Unauthorized Pharmaceuticals, Health Care Aids and Equipment Section 179/3/c - Trafficking in Human Beings Section 182/2/a - Deprivation of Personal Freedom Section 183/2/b - Restriction of Personal Freedom Section 184/2/b - Restricting the Freedom of Residence Section 185/2/c - Taking a Hostage Section 186/2/d - Kidnapping for Ransom Section 187/2/c -
    [Show full text]
  • Violence Against the Person
    Home Office Counting Rules for Recorded Crime With effect from April 2021 Violence against the Person Homicide Death or Serious Injury – Unlawful Driving Violence with injury Violence without injury Stalking and Harassment All Counting Rules enquiries should be directed to the Force Crime Registrar Home Office Counting Rules for Recorded Crime With effect from April 2021 Homicide Classification Rules and Guidance 1 Murder 4/1 Manslaughter 4/10 Corporate Manslaughter 4/2 Infanticide All Counting Rules enquiries should be directed to the Force Crime Registrar Home Office Counting Rules for Recorded Crime With effect from April 2021 Homicide – Classification Rules and Guidance (1 of 1) Classification: Diminished Responsibility Manslaughter Homicide Act 1957 Sec 2 These crimes should not be counted separately as they will already have been counted as murder (class 1). Coverage Murder Only the Common Law definition applies to recorded crime. Sections 9 and 10 of the Offences against the Person Act 1861 give English courts jurisdiction where murders are committed abroad, but these crimes should not be included in recorded crime. Manslaughter Only the Common Law and Offences against the Person Act 1861 definitions apply to recorded crime. Sections 9 and 10 of the Offences against the Person Act 1861 gives courts jurisdiction where manslaughters are committed abroad, but these crimes should not be included in recorded crime. Legal Definitions Corporate Manslaughter and Homicide Act 2007 Sec 1(1) “1 The offence (1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised - (a) causes a person’s death, and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.” Capable of Being Born Alive - Infant Life (Preservation) Act 1929 Capable of being born alive means capable of being born alive at the time the act was done.
    [Show full text]
  • Response to Ministry of Justice Consultation Paper “Driving Offences and Penalties Relating to Causing Death Or Serious Injury”
    Response to Ministry of Justice Consultation Paper “Driving Offences and Penalties Relating to Causing Death or Serious Injury” January 2017 The Royal Society for the Prevention of Accidents Response to Driving Offences and Penalties Relating to Causing Death or Serious Injury Introduction This is RoSPA’s response to the Ministry of Justice’s consultation paper, “Driving Offences and Penalties Relating to Causing Death or Serious Injury”. It has been produced following consultation with RoSPA’s National Road Safety Committee. For most serious criminal offences it is necessary to prove criminal intent on the part of the defendant, but this does not apply to specific road traffic offences. Careless or dangerous driving is determined by the nature of the driving, compared to a notional careful and competent driver, not by the driver’s state of mind or intentions, which is often difficult to ascertain. Careless driving, as defined in Section 3ZA of the Road Traffic Act 1988, is driving without due care and attention, if the manner of the driving falls below what would be expected of a competent and careful driver. Dangerous driving, as defined in Section 2A(1) of the Road Traffic Act 1988, is driving that falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous. Driving behaviour that is commonly judged to be dangerous driving includes street racing, excessive speed, driving aggressively for sustained periods, ignoring road signs or warnings from passengers, overtaking dangerously, driving under the influence of drink or drugs and driving knowing that the vehicle has a dangerous fault or an unsafe load.
    [Show full text]
  • Law Commission REFORM of OFFENCES AGAINST THE
    Law Commission REFORM OF OFFENCES AGAINST THE PERSON Summary This paper is a summary of the full Scoping Report, Offences Against the Person, Law Com 361, available at our website at http://www.lawcom.gov.uk/project/offences-against-the- person/. i CHAPTER 1 INTRODUCTION THE OFFENCES UNDER REVIEW 1.1 This is a project for the reform of the law of some crimes of violence. The project addresses: (1) the offences in the Offences Against the Person Act 1861, such as those concerning wounding and grievous bodily harm, actual bodily harm, threats to kill, encouraging murder, poisoning, causing harm by explosives and many others; (2) assault and battery; and (3) assaulting a constable in the execution of his duty. 1.2 It does not address murder, manslaughter, sexual offences, false imprisonment or kidnapping. THE PROJECT 1.3 In November 2014, we published a scoping consultation paper on reforming offences against the person (“the SCP”).1 The paper examined the existing legal landscape and investigated whether reform was needed and, if so, what form such reform ought to take. 1.4 The consultation closed on 11 February 2015. Our final report Offences Against the Person, Law Com 361, published on 3 November 2015, gives full details of our recommendations. This document is a summary of that report. STRUCTURE OF THIS SUMMARY 1.5 This summary is divided into three chapters: (1) Chapter 1: introduction;2 (2) Chapter 2: the principal offences, discussing the offences of assault and battery, assault occasioning actual bodily harm and the two offences of grievous bodily harm;3 (3) Chapter 3: other offences, discussing the offences of assaulting or causing harm to particular persons or in particular circumstances, 1 Reform of Offences against the Person: a Scoping Consultation Paper (2014) Law Commission Consultation Paper No 217.
    [Show full text]
  • 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.
    [Show full text]
  • Children's Committals
    CHILDREN’S LEGAL SERVICE CONFERENCE 2013 CHILDREN’S COMMITTALS The paper seeks to be a practical guide for defence lawyers dealing with children’s committal matters in the Children’s and District Courts. It will not cover ground that has already been dealt with in other papers but will simply refer to those papers. Many of them are readily available on the internet or from Legal Aid NSW, Children’s Legal Service (CLS). This paper will cover the following topics: 1) Committals Practice and procedure 1.1 Identifying a children’s committal matter 1.2 Police or DPP carriage 1.3 Explaining committals to children 1.4 The right to silence 1.5 Bail 1.6 Brief service and adjournments 1.7 Reading the brief 1.8 Taking instructions 1.9 Defence investigations/evidence 1.10 Assistance to authorities 1.11 Giving evidence 1.12 Withdrawal of charges 1.13 Charge Negotiations 1.14 Pleading guilty 1.15 Agreed Facts 1.16 Written instructions and signed Facts 1.17 Preparing for Sentence 1.18 Sentencing in higher courts 2) Committal proceedings and Section 31 applications 2.1 Contested committals and s.31 applications 2.2 Drive manner dangerous occasioning death and/or GBH 3) Serious Children’s Indictable Offences (SCIO) 3.1 Homicide 3.2 Robberies and the application of Henry 3.3 Robbery with dangerous weapon 3.4 Robbery with wounding/grievous bodily harm 3.5 Accessory after the fact 1 3.6 Wounding and grievous bodily harm 3.7 Wounding or grievous bodily harm with intent 3.8 Affray 3.9 Specially aggravated kidnapping 3.10 Specially aggravated break, enter and commit serious indictable offence 3.11 Sexual offences 1.
    [Show full text]
  • Belize Criminal Code
    BELIZE CRIMINAL CODE CHAPTER 101 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 CRIMINAL CODE 28 Amendments in force as at 31st December, 2000. BELIZE CRIMINAL CODE CHAPTER 101 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 CRIMINAL CODE 28 Amendments in force as at 31st December, 2000. Criminal Code [CAP. 101 3 CHAPTER 101 CRIMINAL CODE ARRANGEMENT OF SECTIONS PART I General Provisions TITLE I Preliminary 1. Short title. 2. Commencement of Code. 3. General rules of construction. TITLE II Interpretation and General Explanations 4. Miscellaneous definitions. Standard Tests for Questions of Criminal Liability 5. Establishment of standard tests for certain questions relating to criminal liability. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of []the Government of Belize. 4 CAP. 101] Criminal Code The Standard Tests and the Keywords 6. Intention. 7. Knowledge. 8. Recklessness. 9. Proof of intention, knowledge, recklessness and foresight. 10. Negligence.
    [Show full text]