Introduction To Criminal Law Principles

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1.) Introduction to Criminal Law Principles 1.1 Criminal Law Principles In the ever expanding growth of the criminal law system, the role of criminal law principles and philosophical arguments have play an important role to the judges in their final decision for criminal and non-criminal proceedings to deliver fairness and justice for the interest of individuals as well as the public. To build on this idea is the basic application of the criminal law principles in case law. It can be said that these principles help shape the foundation of case laws and are tools for defining and evaluating the reasoning behind the rulings of judges . Thus, based on this understanding the following cases will be critically analysed on the application of legal …show more content…

And went on to state that in the current era of modernisation marriage is regarded as partnership of equals and that a wife is not a subservient chattel of the husband. Moreover, towards the viewpoint of a reasonable man the concept of marital rape exemption will be an absurdity to the law. It could be argue that in the decision of the courts in R v R, the judges took a retrospective approach to the case and allowed criminal sanction for a husband to rape his wife. The courts had also confirmed this view in the case of R v Miller. The case of R v R has also bought profound effects to the development of the law in the case of CR v United Kingdom , where the appellants argued that there was a breach of Article 7 of the Convention which the European Courts of Human Right held that to convict under the circumstances of rape is not in accordance with Article 7 of the Convention. Moreover, to discard the idea that a husband could rape his wife goes against the fundamental objectives of the Convention which is the principle of human dignity. 2.2) Application of Theoretical …show more content…

As we can see R argue that it wasn’t possible for a husband to rape his wife and it also laid down in the English common law but by applying the welfare principal it has become a mechanism to also criminalise the conduct of R when he attempted to rape his wife which has allowed the development of the law by repealing old laws. 3.) R v Brown [1993] 2 All ER 75 In the case of Brown, the appellants who were a group of consensual sadomasochist engaged in acts of violence towards each other to obtain sexual gratification. The appellants were charged under s20 and s47 of the Offence Against the Person Act 1861 (OAPA 1861) . The appellants proceed to argue that there was consent among the appellants as a defence against their conviction that they have consented to the bodily harm. 3.1 Legal Reasoning of the Courts The issue arose whether or not consent is a valid defence against the harm that was inflicted between the appellants in private. With this defence of consent, the House of Lord had to consider the following situation where D harms V, does the prosecution have to prove that V has a lack of consent towards the harmful act of D before convicting D of OAPA 1861 under s20 and

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