Offence against the person Essays

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

There has been much debate on the Offences Against the Person Act (OAPA) 1861 since The Offences Against the Person Act 1861 is widely recognised as being outdated. Several arguments find the Act as outdated, its wording are vague and difficult to explain. Both the Law Commission and the Government have observed at possible reforms for the act in order to improve its position in English Law. The current law, examined the problems with it and suggested some options for future reform. As a result

No doubt the doctrine of the judicial precedent has proved to be a real advantage to society. However, we cannot neglect the fact that there are some disadvantages associated with this doctrine. 1. The very first disadvantage of this doctrine is the fact that not all the judges will have the same conclusion on a matter; therefore increasing the complexity of a case. Just like human beings differ from each other physically, they also differ mentally. Different judges will have different interpretation

which means person not to be punished twice for the same offence. Doctrine against Double Jeopardy is embodies in English common law maxim ‘nemo debet bis vexari, si constat curice quod sit pro una iti eadem causa” (no man shall be punished twice, if it appears to the court that it is for one and the same cause). It also follows the “audi alterum partem rule” which means no person can be punished for the same offence more than ones. And if a person is punished twice for the same offence it is termed

The term “Double jeopardy” indicates a person put through a second trial for an offense previously convicted or prosecuted for. The rule against double jeopardy is to prohibit double trial and double conviction and originally flows from the maxim “nemo debet bis vexari pro uno et eadem causa”. It is a procedural safeguard, which bars a second trial after the accused is acquitted or convicted in a full-fledged trial by a court of competent jurisdiction . It consists of two doctrines, namely autrefois

sexual offences against children under the age of thirteen, contrary to the Sexual Offences Act 2003. The various strict liability offences committed by Alex will be discussed as follows. The first and most serious offence Alex has perpetrated is the statutory rape of a child under the age of thirteen. By virtue of Section 5(1) of the Sexual Offences Act 2003, it is provided that a person commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another person with his

Trafficking in Persons. Human trafficking is considered as modern-day slavery and violates various human rights where the government provides inadequate and inappropriate response to such issues (Anti-Slavery International, 2002, P.1). Human trafficking violates human rights of women and children but the most common one is sex trafficking (Sigma Huda, 2006, P.24). Sex trafficking is part of a patriarchal system making violence against women and girls extremely profitable, targeting women and girls

discuss whether this statement “intoxication as a defence applies to all criminal offences and regardless whether it’s voluntary intoxication or otherwise” is accurate. Discussion Intoxication can be divided into voluntary intoxication and involuntary intoxication. In R v Sheehan and Moore that “a drunken intent is nevertheless an intent”. Voluntary intoxication would be defined as intoxication resulting from a person intentionally taking a drink or drug knowing that sufficient quantity of it will

On March 8, 1976, the Minister of Justice, Ron Basford, stated the following in the House of Commons: “Indeterminate sentencing should no longer be used against criminals who do not pose a continuing and serious threat to the life, safety and well-being of others. This type of sentencing, however is a necessary mechanism to protect society against dangerous criminals when it is virtually impossible, at the point of sentencing, for a judge to determine the appropriate length of sentence to be imposed

elements which are recognized under different jurisdictions. England Rape is an offence under section one of the Sexual Offences Act 2003 and the offence is defined as; - The person (A) intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, and - B does not consent to the penetration, and - A does not reasonably believe that B consents. . The above definition of the offence of Rape contains a number of ‘elements’ all of which must be proven by the prosecution

The term "sex offender" means an individual who was convicted of a sex offense. Research has shown that Sex offenders that commit a crime against a person has not previously been convicted of a violent offence before. They do these crimes unders a masks of a normal relationship. Most Sexual offences committed against the person are mostly perpetrated by family members and acquaintances, and the big majority of them are unreported. Not all crimes are the same because there is such a wide spectrum

The hierarchy above shows the five main non-fatal offences against the persons. Assault and battery are the least serious offence which will be charged under S.39 Criminal Justice Act 1988. They are common law offences and also being recognized in statute law. The others are more serious offences that will be charged under S.20 and S.47 of the Offences against the Person Act 1861 (OAPA 1861). S.20 and S.47 of OAPA 1861 are quite similar, the main difference is in respect of the result of the injury

In the public opinion, sexual offence cases cover a particularly traumatic form of violence (BBC, 2013). Under the UK legal system, victims are vested with special rights separate from those granted to victims in other types of criminal cases. The Sexual Offences Act 1976(Amendment) guarantees lifetime anonymity for the identity of the alleged victim. This legal restriction means the media cannot report on any matter that may link somebody the victim to the case. This restriction was first proposed

present law on non-fatal offences can be found under the “Offences Against the Person Act 1861” and the “Criminal Justice Act 1988”. At first glance these acts seem to be comprehensive, however, they have been deemed unfit for purpose. In reality, the statute language is obsolete, which may lead courts to misinterpret parliament’s purpose. More importantly, there is no statutory definition of assault or battery, leading to further confusion as to what crimes constitute these offences. To make matters worse

Roach. It will incorporate the regulatory offences and the mental blameworthiness and how strict liability acts as a balance between the two. It will also include the defence of due diligence. Which would bring in the next question of absolute liability offences. I will be focusing on several other cases presented in class, R.v. Saulte Ste. Marie and Roach to further explain the question. Strict liability strikes a good balance between the regulatory offences and the principle that the morally blameworthy

legal right of the accused in a criminal trial and it is also regarded as human right according to the Article 6 of the European Convention of Human Rights ACT 2003, ‘’In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial

20 minutes, and upon his return he had realized that the home was bursting in flames. Tatton was charged for arson under S. 434 of the Criminal Code which states; “Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years”. (Criminal

actions against Cain. Jakes issue is if he is likely to be charged for the actions he inflicted upon Cain, the potential charge being Harassment, under the protection of Harassment Act 19971. These actions included sending 30 letters to Cains's home containing warnings of his safety in work, wrote in red pen, a series of silent phone calls, as well as a note being left on his car saying he is being watched. Jake has no defence to these charges as he of sound mind at the time of the offences.

is considered to be an unmarried person under the age of 18. Every country has its own way to govern and to operate, but what is common is that they all have a child protection section

requirement of law to be completed for initiating criminal proceedings against any criminal offender. The police is duty bound to register the complaint of an aggrieved person. Even on the telephone an FIR can be recorded. The accused as well as the informant are entitled to a copy of the FIR. In many cases, we hear that police refuses to file a FIR unless pressurized by media or some social, official or political authority. The person is already suffering and on the other hand, police harasses him by