Henderson, acted with another to injure the Plaintiff, in attempt to steal his property. This case differs from ours in a few ways, the first being that the Defendant was acting alone in our case, in contrast to the Defendant working with another individual. People v. Henderson, 708 N.E.2d 165 (N.Y. 1999). The Defendant was had also attacked the Plaintiff not out of anger, but rather it was a “spearhead of a concerted physical attack aimed at forcefully taking the victim’s property”. Id.
In the context of sexual assault, inadvertent recklessness is part of the mens rea, when the prosecution determine the existence of the mens rea, he or she would have to think about advertent recklessness and inadvertent recklessness. If either of the element exist, there is a mens rea and therefore the person is guilty of the offence and can be convicted. However, in the context of indecent assault, it is more difficult to prove advertent recklessness and inadvertent recklessness. Sections 61L and 61N of the Crimes Act 1900 (NSW) did not mention anything about recklessness. It is possible to commit an act of indecency recklessly and it is shown in the judgment of two cases.
criminal theories (Social disorganization and stain theory) Various theoretical perspectives have been advanced to explain how individuals end up committing criminal activities. The theoretical aspects fall into two broad themes. First, there is the explanation that social problems push individuals to engage in crime. Precisely, the environment that one participates in, as well as external factors, forces individuals to participate in evil. The other explanation is based on social responsibilities which indicate that individuals know the difference between the wrong and the right decisions and as such, decide to undertake in crime after making a conscious decision.
Besides the Barberton Company should compensate for the damages they caused for instance, breaking the wind screen of Elliot’s car. The jury will consider all the evidence in the context of the elements required to prove negligence of the defendant and render the verdict. Q7 The tort involved in this case is a liability tort known as strict liability.it is a tort that provides a guaranteed protection to those who are injured by conduct of law which may deem to be both serious and inexcusable. Mary land Heights should file a lawsuit against the Mallinckrodt for the damages caused. In this tort any company or person perceived to cause the damage by conduct will be required to compensate for the damages caused since they are required to take caution when engaging in such ultra-hazardous activity.
The question above calls for the detailed analysis of the Criminal Damage Act 1971, hereby as, CDA 1971, and how it is to be applied at situation which involve property damage and punishments for the required act. Further discussion would also include the situation where a threat is used to destroy property damage according to the CDA 1971. In order to apply the CDA 1971, we need to know, what criminal damage actually means. Criminal damage is any damage which has been caused by an individual to some form of property. When a case is concerned with damage to property which is criminal, the case is brought by the state against that individual in a criminal court and the most common examples of criminal damage would be arson.
Non Fatal Offences Against the Person Act 1997 section 2 states : " A person shall be guilty of the offence of assault who without lawful excuse intentionally or recklessly :a)directly or indirectly applies force to or causes an impact on the body of another causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact without the consent of the other " . Following this with the incident between Murt and Bernie , Murt agrees to take part in an incident that could cause harm to himself as well as impact from the body of another . However in section 3 A person who assaults another causing him or her harm shall be guilty of an offence . Section 4 then states a person or intentionally
In criminal law when a criminal act is alleged to have been committed, the essential requirement for the crime is that the victim was opposed to the crime. One of the available defences when a criminal act is committed is that the victim actually gave consent to the acts . The defence of consent is available to certain case that result in bodily harm which includes assault and battery. For instance, in sports there is a physical contact. Participants are deemed to have consented to the physical contact and possible bodily harm.
Contract laws outline what a person can or cannot include in an agreement, and what the remedies are if a party breaks their contractual duties. In contrast, tort law governs circumstances where one person has hurt or harmed someone else. Tort laws cover violation where the party purposefully hurt the other person, for example, in a battery claim. Tort laws also address
Revenge is justifiable when one’s retaliatory act is equal in magnitude to the offense that one suffered. The offense and the act of revenge must be proportionate, like the eye for an eye in Hammurabi’s Code. The offense must also be a heinous act that causes mental or physical trauma, in order to warrant revenge. When one takes revenge on a wrongdoer, one is serving justice to the offender and punishing the offender. The punishment must suit the crime.
Shortly thereafter Clint seriously assaulted Anne. Anne now wishes to hold the police and the prosecutor delictually liable. Was the Conduct of the police and the prosecutor wrongful? Discuss in detail and refer to the applicable case law in your answer. Before deciding whether or not the conduct of the