WJEC/Eduqas a Level Law Book 2 Answers
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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................................................................................................................... -
RE-VISITING the FRAUD ACT 2006 – a STEP TOO FAR? Hannah Willcocks
RE-VISITING THE FRAUD ACT 2006 – A STEP TOO FAR? Hannah Willcocks Brought into force on 15th January 2007,1 the Fraud Act 2006 (‘the Act’) has now been part of the criminal law of England and Wales for over 12 years. Through the introduction of a new general offence of fraud, its aim was to improve the law by making it: a. more comprehensible to juries, especially in serious fraud trials; b. a useful tool in effective prosecutions; c. simpler and therefore fairer; and d. more flexible so able to encompass all forms of fraud 2 and “deal with developing technology”.3 Following the Act’s implementation, it has generally4 been accepted5 that the Act has managed to overcome the vast majority of the difficulties previously encountered with the old offences of deception.6 In 2012, in its Post-Legislative Assessment of the Fraud Act 2006, the Ministry of Justice (‘MoJ’) concluded that the aims and objectives of the 1 The Fraud Act 2006 (Commencement) Order 2006 (SI 2006/3200). 2 Law Commission, Fraud (Law Com No 276, Cm 5560, 2002), para 1.6. 3 Home Office, Fraud Law Reform: Consultation on Proposals for Legislation (2004) p. 5. 4 For a contrary view see Anthony Arlidge QC, Jonathan Fisher QC, Alexander Milne QC and Polly Sprenger, Arlidge and Parry on Fraud (5th edn, Sweet & Maxwell 2016) 44, para 3-005. 5 See e.g. Simester and Sullivan’s Criminal Law, Theory and Doctrine (5th edn, Hart Publishing Ltd 2013) 610; Andrew Ashworth & Jeremy Horder, Principles of Criminal Law (7th edn, Oxford University Press 2013) 405; Carol Withey ‘The Fraud Act 2006 – some early observations and comparisons with the former law’ (2007) 71(3) Journal of Criminal Law, 220 – 237, 228 – 236; Nicholas Yeo, ‘Bull’s-Eye’, 157 NLJ 212 & 418. -
Principles of Criminal Liability
Criminal Law G153 PPRINCIPLES OF CCRIMINAL LLIABILITY 22:: Mens Rea By the end of this unit, you will be able to: Explain what is meant by the term ‘mens rea’ and illustrate your explanation with cases Understand what is meant by the terms: o Direct intent, o Oblique intent, o Specific & basic intent. Explain the current legal test for recklessness, and understand how the test evolved. Explain the scope of the doctrine of transferred malice and how the courts have developed the concept of coincidence. You will also be able to evaluate: The development of the law on oblique intent and the proposals for reforming it. The limitations of the doctrines of coincidence and transferred malice. Homework During this unit, you will be set the following. In completing homework, you will be expected to do your own research and supplement your own notes. This is essential to show understanding. 1. Complete Homework Sheet (2) 2. Complete Case Cards for Actus Reus and Mens Rea. End of Unit Assessment As with AS, you will sit a DRAG test on elements, but this will be done at the end of this unit. You will also complete the following problem question (from Part B of the exam), which we will plan in lesson time, and you will then write up in timed circumstances as your termly assessment. Wayne belongs to a terrorist organisation. He telephones the police to say that he has placed a bomb in a van on Westminster Bridge and confirms that it is timed to explode in fifteen minutes. The police telephone operator mistakenly thinks that Wayne has said 'fifty minutes' and immediately communicates this information to his superior officer. -
Trade Secrets, Confidential Information, and the Criminal Law John
Trade Secrets, Confidential Information, and the Criminal Law John T. Cross* The author examines the extent to which prop- L'auteur 6value le potentiel qu'a le droit crimi- erty offences in the criminal law can be used to nel de pr6venir l'appropriation malhonnete de police the misappropriation of trade secrets l'information confidentielle et des secrets and confidential information. After assessing commerciaux en ]a qualifiant d'atteinte au the long-standing debate on whether informa- droit de proprit6. L'auteur expose le long tion can be classified as property, he argues drbat sur la question a savoir si l'information that answering the question one way or the peut etre l'objet d'un droit de proprirtd; il con- other involves circular reasoning. When clut que dans un cas comme dans l'autre la judges label information "property," it is to raponse implique un raisonnement circulaire. enable them to grant the desired remedies. L'attribution du terme <<proprirt6 >>par les Courts should instead ask more directly juges depend du rsultat qu'ils veulent obtenir. whether certain information should be pro- Les tribunaux devraient plutrt centrer leur rai- tected under the circumstances. It follows that sonnement sur l'importance de prot~ger ou precedents holding that certain information is non l'information en question dans les circons- property in one area of the law should not be tances, sans se sentir lids par la jurisprudence authoritative in others. The article then ant~rieure qui aurait caractdris6 autrement ce explores efforts made in Great Britain, Canada meme type d'information dans un autre con- and the United States to apply criminal prop- texte juridique. -
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. -
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. -
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. -
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. -
DIXON V R – PROPERTY in DIGITAL INFORMATION?
ANUSHA WIJEWICKRAMA DIXON v R – PROPERTY IN DIGITAL INFORMATION? Submitted for the LLB (Honours) Degree Faculty of Law Victoria University of Wellington 2016 2 In 2015, New Zealand’s Supreme Court ruled in Dixon v R that digital files are property for the limited purposes of a computer misuse provision – s 249(1)(a) of the Crimes Act 1961. The Court said it was distinguishing digital files from pure information, thus it was not challenging the long-standing legal position that information cannot be property. This paper analyses the Court’s purposive, conceptual and factual reasoning, ultimately concluding that a distinction between digital files and information is difficult to justify. It argues that the Court’s decision therefore actually erodes the traditional legal position. It concludes that Parliament, which can more fully explore policy considerations, might be better placed to determine whether digital files should be property. Potential ramifications of the Supreme Court’s decision are also briefly outlined. Key words: property; digital files; information; Crimes Act 1961 s 249(1)(a); computer misuse I Introduction New Zealand's Supreme Court ruled in Dixon v R that digital files are not simply information, but are “property” for the purposes of s 249(1)(a) of the Crimes Act 1961.1 In doing so the Court expressly stated that it was not reconsidering the orthodox legal position that there is no property in pure information.2 Instead it used a purposive approach to determine Parliament's intent regarding computer misuse, and deemed digital files to be property for the limited purpose of s 249(1)(a). -
A Timely History of Cheating and Fraud Following Ivey V Genting Casinos (UK)
The honest cheat: a timely history of cheating and fraud following Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 Cerian Griffiths Lecturer in Criminal Law and Criminal Justice, Lancaster University Law School1 Author email: [email protected] Abstract: The UK Supreme Court took the opportunity in Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 to reverse the long-standing, but unpopular, test for dishonesty in R v Ghosh. It reduced the relevance of subjectivity in the test of dishonesty, and brought the civil and the criminal law approaches to dishonesty into line by adopting the test as laid down in Royal Brunei Airlines Sdn Bhd v Tan. This article employs extensive legal historical research to demonstrate that the Supreme Court in Ivey was too quick to dismiss the significance of the historical roots of dishonesty. Through an innovative and comprehensive historical framework of fraud, this article demonstrates that dishonesty has long been a central pillar of the actus reus of deceptive offences. The recognition of such significance permits us to situate the role of dishonesty in contemporary criminal property offences. This historical analysis further demonstrates that the Justices erroneously overlooked centuries of jurisprudence in their haste to unite civil and criminal law tests for dishonesty. 1 I would like to thank Lindsay Farmer, Dave Campbell, and Dave Ellis for giving very helpful feedback on earlier drafts of this article. I would also like to thank Angus MacCulloch, Phil Lawton, and the Lancaster Law School Peer Review College for their guidance in developing this paper. -
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 Review
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Salford Institutional Repository Page1 Criminal Law Review 2008 The Computer Misuse Act 1990: lessons from its past and predictions for its future Neil MacEwan Subject: Criminal law. Other related subjects: Information technology Keywords: Computer crime; Computer security Legislation: Computer Misuse Act 1990 s.1 , s.3 Police and Justice Act 2006 s.35 , s.36 *Crim. L.R. 955 Summary: The age of the internet has thrown down some real challenges to the Computer Misuse Act 1990. Recently, the Government made changes to this piece of legislation, in an attempt to meet two of those challenges--the proliferation of “ Denial of Service” (DoS) attacks, and the creation and dissemination of “ Hackers' tools” --and to fulfil international commitments on cybercrime. Yet some of these new measures invite criticisms of policy, form and content, and bring doubts about how easy to interpret, and how enforceable, they will be. Introduction Finally, after three aborted attempts to make changes to it within the last five years,1 the Computer Misuse Act (CMA) 1990 has been amended; specifically, both added to and altered.2 The offence of unauthorised access to computer material, 3 formerly a summary offence, has now become an offence triable either way, and the offence of unauthorised modification of computer material 4 has been replaced by the offence of unauthorised acts with intent to impair, or recklessness as to impairing, the operation of a computer etc. The time is right for a close re-examination of this piece of legislation.