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New Zealand1
Abusive and Offensive Communications: the criminal law of New Zealand1 INTRODUCTION 1.1 This paper details the myriad criminal laws New Zealand has in place to deal with abusive and offensive communication. These range from old laws, such as blasphemy and incitement, to recent laws enacted specifically to deal with online communications. It will be apparent that, unfortunately, New Zealand’s criminal laws now support different approaches to online and offline speech. SPECIFIC LIABILITY FOR ONLINE COMMUNICATION: THE HARMFUL DIGITAL COMMUNICATIONS ACT 2015 The statutory regime 1.2 The most recent government response to abusive and offensive speech is the Harmful Digital Communications Act, which was passed in 2015. The Act was a response to cyberbullying, and based on a report by the New Zealand Law Commission which found that one in ten New Zealand internet users have experienced harmful communications on the internet.2 It contains a criminal offence and a civil complaints regime administered by an approved agency, Netsafe. The Agency focusses on mediating the complaint and seeking voluntary take-down if appropriate, but has no powers to make orders. If the complaint cannot be resolved at this level, the complainant may take the matter to the District Court.3 Although the Act has both criminal and civil components, they are both described below in order to capture the comprehensiveness of the approach to online publication of harmful material. 1.3 The regime is based on a set of Digital Communication Principles, which are: Principle 1 A digital communication should not disclose sensitive personal facts about an individual. -
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving -
Canadian Criminal Law
Syllabus Canadian Criminal Law (Revised November 2020) Candidates are advised that the syllabus may be updated from time-to-time without prior notice. Candidates are responsible for obtaining the most current syllabus available. World Exchange Plaza 1810 - 45 O'Connor Street Ottawa Ontario K1P 1A4 Tel: (613) 236-1700 Fax: (613) 236-7233 www.flsc.ca Canadian Criminal Law EXAMINATION The function of the NCA exams is to determine whether applicants demonstrate a passable facility in the examined subject area to enable them to engage competently in the practice of law in Canada. To pass the examination candidates are expected to identify the relevant issues, select and identify the material rules of law including those in the Criminal Code of Canada and the relevant case law as understood in Canada, and explain how the law applies on each of the relevant issues, given the facts presented. Those who fail to identify key issues, or who demonstrate confusion on core legal concepts, or who merely list the issues and describe legal rules or who simply assert conclusions without demonstrating how those legal rules apply given the facts of the case will not succeed, as those are the skills being examined. The knowledge, skills and abilities examined in NCA exams are basically those that a competent lawyer in practice in Canada would be expected to possess. MATERIALS Required: • Steve Coughlan, Criminal Procedure, 4th ed. (Toronto: Irwin Law, 2020) • Kent Roach, Criminal Law, 7th ed. (Toronto: Irwin Law, 2018) • The most up-to-date Criminal Code (an annotated Criminal Code is highly recommended). -
The Reform of the Crimes Act 1961
9 The reform of the Crimes Act 1961 Rt Hon G W R Palmer* This month I introduced a new Crimes Bill into Parliament. The Bill contains the first comprehensive revision of our Criminal Code for approximately thirty years. The last such revision took place in 1961 following a gestation period of research and consultation which began in the early 1950s. Some people have asked why such a revision is necessary, given that the Crimes Act 1961 was a considerable advance on its predecessor, the consolidation of 1908. The simple answer is that the changes which have occurred in our society in the last thirty years are probably at least equivalent in significance to those which occurred between 1900 and 1961. We all feel the pace of change mid know that its increase is inexorable. Change has meant, for example, that our Crimes Act does not deal adequately with new forms of offending. Because we have chosen to codify all matters that give rise to criminal liability in New Zealand, it is essential that our code be as up-to-date as possible. This means that existing offences need to be revised and new offences created at reasonable intervals. Within the last thirty years there has also been a consistent increase in serious and violent crime. This trend is not as appalling as it is perceived to be by the general public. However, it does require some sort of response. Governments have a duty to move with the times. That duty may in fact be a difficult or unpleasant one to perform. -
Table of Common Charge Options for State Offences
TABLE OF COMMON CHARGE OPTIONS FOR STATE OFFENCES A PRACTITIONERS’ GUIDE FOR THE EAGP SCHEME The Public Defenders Last updated 8 March 2019 Users’ guide, notes and acknowledgements The purpose of this document and a disclaimer • This document has been prepared as a resource designed to assist lawyers, whether defence or prosecution, involved in negotiations under the Early Appropriate Guilty Plea legislation. • You should always undertake your own research into the particular offences and provisions which may be relevant to any case you are working on. This document is a guide only and should be treated as a starting point for your consideration of appropriate offences. • Further and importantly, this document refers to the current versions of offences, maximum penalties and standard non-parole periods. You should always refer to the version of the legislation applicable at the time of any alleged offence. Because changes to sexual assault offences are so recent, we have included the most recently repealed offences for your convenience. • Please ensure you are working from the latest version of this document available from the Public Defenders’ website. The date of the most recent update is on the title page. • Please bear in mind that this document does not include any Commonwealth offences. Commonwealth offences might be alternatives to, for example, child pornography, grooming and procuring, money laundering, terrorism and drug offences. • Whilst every effort has been made to ensure the correctness of information in this Table, please be reminded of the Disclaimer pertaining to all information on the website of Public Defenders, Department of Justice NSW at: https://www.justice.nsw.gov.au/Pages/copyright-disclaimer.aspx Acknowledgments This Table has been prepared by the Public Defenders with assistance and input from Legal Aid NSW and the Office of the Director of Public Prosecutions NSW, initially as part of the Early Appropriate Guilty Plea Working Party 2018. -
Immigration Consequences at Sentencing
Update on Criminal Inadmissibility Peter Edelmann1 Division 4 of the Immigration and Refugee Protection Act (“IRPA”) sets out the various grounds of inadmissibility along with a number of evidentiary and procedural matters. This paper will focus on the grounds of criminal inadmissibility set out in section 36. It will not address the related grounds of inadmissibility such as those under sections 34(security), 35 (international crimes) and 37 (organized criminality), each of which would provide ample material for a lengthy paper on their own. Section 36 sets out the grounds that render individuals inadmissible for criminality. The most fundamental distinction in s.36 is between criminality and serious criminality. Criminality, as described in s.36(2), only affects foreign nationals: A36 (2) A foreign national is inadmissible on grounds of criminality for (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence; (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament; (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or (d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations. -
Project No 69
THE LAW REFORM COMMISSION OF WESTERN AUSTRALIA Project No 69 The Criminal Process And Persons Suffering From Mental Disorder DISCUSSION PAPER FEBRUARY 1987 The Law Reform Commission of Western Australia was established by the Law Reform Commission Act 1972-1985. The Commissioners are - Mr P W Johnston, Chairman Mr C W Ogilvie Mr J R Packington Ms M E Rayner The officers are Executive Officer and Director of Research - Dr P R Handford Research Officers - Mr M G Boylson Mr R W Broertjes Mr A A Head PREFACE The Commission has been asked to consider and report on a number of aspects of the law relating to the criminal process and persons suffering from mental disorder. The Commission has not formed a final view on the issues raised in this discussion paper and welcomes the comments of those interested in the topic. It would help the Commission if views were supported by reasons. The Commission requests that comments be sent to it by 16 April 1987. Unless advised to the contrary, the Commission will assume that comments received are not confidential and that commentators agree to the Commission quoting from or referring to their comments, in whole or part, and to the comments being attributed to them. The Commission emphasises, however, that any desire for confidentiality or anonymity will be respected. The research material on which this paper is based can be studied at the Commission's office by anyone wishing to do so. Comments should be sent to - Dr P R Handford Executive Officer and Director of Research Law Reform Commission of Western Australia 16th Floor, St Martins Tower 44 St George's Terrace PERTH WA 6000 Telephone: (09) 325 6022 Contents Paragraph CHAPTER 1 - TERMS OF REFERENCE 1.1 CHAPTER 2 - INTRODUCTION 1. -
Conspiracy and Attempts Consultation
The Law Commission Consultation Paper No 183 CONSPIRACY AND ATTEMPTS A Consultation Paper 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 Etherton, Chairman Mr Stuart Bridge Mr David Hertzell Professor Jeremy Horder Kenneth Parker QC Professor Martin Partington CBE is Special Consultant to the Law Commission responsible for housing law reform. 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 consultation paper, completed on 17 September 2007, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on its proposals before 31 January 2008. 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. We will treat all responses as public documents in accordance with the Freedom of Information Act and we will include a list of all respondents' names in any final report we publish. Those who wish to submit a confidential response should contact the Commission before sending the response. We will disregard automatic confidentiality disclaimers generated by an IT system. -
Module 1: Definition of Trafficking in Persons and Smuggling of Migrants
Vienna International Centre, PO Box 500, 1400 Vienna, Austria Tel.: (+43-1) 26060-0, Fax: (+43-1) 26060-5866, www.unodc.org Anti-human trafficking manual for criminal justice practitioners Module 1 Printed in Austria V.09-80667—August 2009—300 1 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Anti-human trafficking manual for criminal justice practitioners Module 1: Definitions of trafficking in persons and smuggling of migrants UNITED NATIONS New York, 2009 The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or bounda- ries. Countries and areas are referred to by the names that were in official use at the time the relevant data were collected. This publication has not been formally edited. Module 1: Definitions of trafficking in persons and smuggling of migrants Objectives On completing this module users will be able to: " Recall the elements of trafficking in persons and smuggling of migrants as defined by the relevant United Nations protocols; " Contrast the elements of the definitions of trafficking in persons and the smuggling of migrants; " Explain the meaning of the elements “act, “means” and purpose” in trafficking in persons cases; " Understand the issue of consent in a trafficking in persons case and how consent is vitiated; " List some of the underlying offences to trafficking in persons; " Recall factors on deciding the jurisdiction for prosecution of trafficking in persons cases. -
Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973
N.B. This is a Working Paper circulated for comment and criticism only. It does not represent the final views. of the Law Commission. The Law Cominission will be grateful for comments before 1 January 1974. All correspondence should be addressed to: J.C. R. Fieldsend, Law Commission, Conquest Hoiis e, 37/38 John Street, Theobalds Road, London WC1N 2BQ. (Tel: 01-242 0861, Ex: 47) The Law Commission Working Paper No 50 Inchoate Offences Conspiracy, Attempt and Incitement 5 June 1973 LONDON HER MAJESTY’S STATIONERY OFFICE 1973 @ Crown copyright 1973 SBN 11 730081 0 THE LAW COMMISSION WORKING PAPER NO. 50 Second Programme, Item XVIII CODIFICATION OF THE CRIMINAL LAW GENERAL PRINCIPLES INCHOATE OFFENCES : CONSPIRACY, ATTEMPT AND INCITEMENT Introduction by the Law Commission 1. The Working Party' assisting the Commission in the examination of the general principles of the criminal law with a view to their codification has prepared this Working Paper on the inchoate offences. It is the fourth in a series' designed as a basis upon which to seek the views of those concerned with the criminal law. In pursuance of - its policy of wide consultation, the Law Commission is publishing the Working Paper and inviting comments upon it. 2. To a greater extent than in previous papers in this series the provisional proposals of the Working Party involve fundamental changes in the law which, we think, will prove much more controversial than those made in the other papers. The suggested limitation of the crime of conspiracy to 1. For membership see p. ix. 2. The others are "The Mental Element in Crime" (W.P. -
Criminal Law Introduction
SPECIAL ISSUE: CRIMINAL LAW INTRODUCTION This special issue of the UWA Law Review is a collection of articles by criminal law scholars from across Australia and Aotearoa New Zealand. Its subject matter covers assault occasioning bodily harm, infringement notices, consorting laws, sexual assault laws, elder law and more. The collection is the result of the fifth Criminal Law Workshop, an annual meeting of criminal law teacher-researchers held in February 2018 at the University of Western Australia. The workshop series, which began in 2014 at the University of Sydney Law School, is designed to provide scholars with an opportunity for peer exchange. In-progress research is discussed and critiqued in a supportive, collegiate setting. In 2018 we decided to develop the research into a collection of papers, which represent scholarship from law schools in Auckland, Christchurch, Melbourne, Sydney and Perth. One of the benefits of the workshop series has been the opportunity for exchange between code and common law lawyers. Along with Aotearoa New Zealand, the criminal law in Western Australia, Queensland and Tasmania, and more recently the Northern Territory, the Australian Capital Territory and the Australian Commonwealth, is codified. New South Wales, South Australia and Victoria remain ‘common law jurisdictions’. There remains a distinction among criminal lawyers, between ‘code thinkers’ and ‘common law thinkers’. It can be difficult from a common law perspective, for example, to make sense of a system without mens rea, and the concept of ‘intention’, fundamental to criminal responsibility, means a quite different thing in each tradition. However, the differences between these kinds of jurisdiction is far from straightforward. -
Concealment of Birth: Time to Repeal a 200-Year-Old “Convenient Stop-Gap”?
University of Plymouth PEARL https://pearl.plymouth.ac.uk Faculty of Arts and Humanities School of Society and Culture 2019-07 Concealment of Birth: Time to Repeal a 200-Year-Old "Convenient Stop-Gap"? Milne, E http://hdl.handle.net/10026.1/15651 10.1007/s10691-019-09401-6 Feminist Legal Studies Springer Science and Business Media LLC All content in PEARL is protected by copyright law. Author manuscripts are made available in accordance with publisher policies. Please cite only the published version using the details provided on the item record or document. In the absence of an open licence (e.g. Creative Commons), permissions for further reuse of content should be sought from the publisher or author. Concealment of birth: time to repeal a 200-year-old “convenient stop-gap”? Introduction The criminal offence of concealment of birth (concealment) prohibits the secret disposal of the dead body of a child in order to conceal knowledge of that child’s birth under English and Welsh criminal law.1 Most prosecutions are of women who have concealed or denied their pregnancy, then given birth alone, with the child dying around the time of birth, and the woman disposing of the body without informing another person of the existence of the child. The offence is closely connected to newborn infant homicide and defendants are often suspected of being responsible for the child’s death. While the offence can be committed by anyone, the defendant is most often the birth mother.2 The offence is rarely prosecuted with only four convictions between 2010 and 2014 (Milne 2017), and since 2002 only one person has received an immediate custodial sentence.3 However, despite the small number of convictions and nature of the sentence, the offence is significant, particularly when analysed from a feminist perspective.