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Non-fatal Offences Against The Person In English Law
Non-fatal offences against the person, under English law, are generally taken to mean offences which take the form of an attack directed at another person, that do not result in the death of any person. Such offences where death occurs are considered Homicide in English law, homicide, whilst Sexual offences in the United Kingdom, sexual offences are generally considered separately, since they differ substantially from other offences against the person in theoretical basis and composition. Non-fatal offences against the person mainly derive from the Offences against the Person Act 1861, although no definition of assault or battery is given there. Offences against the person include minor forms of battery (crime), battery (any unlawful touching of another person); its complementary offence, assault (causing the apprehension of a battery, even when one has not yet occurred); and various more serious offences which are based on assault and battery (together called "common assault"). T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court. The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute. History Historically prosecutions were conducted through a patchwork of different systems. For serious crimes tried at the county level, justices of the peace o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Omission (criminal Law)
In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an ''actus reus'' and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act or duty of care. Criminal law In the criminal law, at common law, there was no general duty of care owed to fellow citizens. The traditional view was encapsulated in the example of watching a person drown in shallow water and making no rescue effort, where commentators borrowed the line, "Thou shalt not kill but needst not strive, officiously, to keep another alive." ( Arthur Hugh Clough (1819–1861)) in support of the proposition that the failure to act does not attract criminal liability. Nevertheless, such failures might be mora ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be defined from a human resources perspective, where it denotes a (relatively high) level of discretion granted to an employee in his or her work. In such cases, autonomy is known to generally increase job satisfaction. Self-actualized individuals are thought to operate autonomously of external expectations. In a medical context, respect for a patient's personal autonomy is considered one of many fundamental ethical principles in medicine. Sociology In the sociology of knowledge, a controversy over the boundaries of autonomy inhibited analysis of any concept beyond relative autonomy, until a typology of autonomy was created and developed within science and technology studies. According to it, the institution of science's existing autonom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bob Sullivan (legal Writer)
Bob Sullivan may refer to: * Bob Sullivan (American football) (1923–1981), walk-on offensive half back and defensive back * Bob Sullivan (basketball) (1921–2007), American professional basketball player * Bob Sullivan (ice hockey) (1957–2018), former professional ice hockey player * Bob Sullivan (journalist) (born 1968), American online journalist * Bob Sullivan (rugby league) Bob Sullivan may refer to: * Bob Sullivan (American football) (1923–1981), walk-on offensive half back and defensive back * Bob Sullivan (basketball) (1921–2007), American professional basketball player * Bob Sullivan (ice hockey) (1957–20 ... (1931–2009), Australian rugby league footballer See also * Robert Sullivan (other) {{hndis, Sullivan, Bob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Simester
Andrew is the English form of the given name, common in many countries. The word is derived from the , ''Andreas'', itself related to ''aner/andros'', "man" (as opposed to "woman"), thus meaning "manly" and, as consequence, "brave", "strong", "courageous", and "warrior". In the King James Bible, the Greek "Ἀνδρέας" is translated as Andrew. Popularity In the 1990s, it was among the top ten most popular names given to boys in English-speaking countries. Australia In 2000, the name Andrew was the second most popular name in Australia after James. In 1999, it was the 19th most common name, while in 1940, it was the 31st most common name. Andrew was the first most popular name given to boys in the Northern Territory in 2003 to 2015 and continuing. In Victoria, Andrew was the first most popular name for a boy in the 1970s. Canada Andrew was the 20th most popular name chosen for male infants in 2005. Andrew was the 16th most popular name for infants in British Columbia i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defence In English Law
Self-defence is a defence permitting reasonable force to be used to defend one's self or another. This defence arises from both common law and the Criminal Law Act 1967. Self-defence is a Justification (jurisprudence), justification defence rather than excuse. Principles Common law (self defence) The common law defence of self-defence applies where the defendant uses necessary, reasonable and proportionate force to defend themselves or another from imminent attack. It is a complete defence to all non-sexual offences involving the unlawful use of force (anything from battery (crime), battery to murder). Because the defence results in a complete acquittal, the courts have interpreted the defence in a restrictive way so as to avoid acquitting too easily. For example, the courts will not usually acquit the defendant just because he thought the force used was reasonable – whether or not the force used was reasonable will be objectively assessed by the jury and not simply accordin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Ireland
R v Ireland; R v Burstow was the 1997 appeal of two cases in English criminal law with the question as to whether or not psychiatric injury was considered 'bodily harm' under Section 47 of the Offences Against the Person Act 1861. Facts R v Ireland R v Ireland consisted of Mr. Robert Ireland making a large number of telephone calls to three separate women. Ireland would not speak during the calls and rang often late at night. He was convicted under Section 47 Actual Bodily Harm of the Offences Against the Person Act 1861 and his case was appealed to the then presiding court, House of Lords. R v Burstow In the case of R v Burstow, Anthony Burstow stalking and intimidation campaign against his ex-partner for eight months. Making silent phone calls, transmitting menacing messages, physically following her and photographing her and her family. The victim suffered a severe depressive illness as a result. Burstow was convicted of Grievous bodily harm contract to Section 20 of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is sometimes called the '' external element'' or the ''objective element'' of a crime. Etymology The terms ''actus reus'' and ''mens rea'' developed in English Law are derived from a principle stated by Edward Coke, namely, ''actus non facit reum nisi mens sit rea'', which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. Act In order for an ''actus reus'' to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In '' Robinson v. California'', , the U.S. Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Court (England And Wales)
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrates' court (Hong Kong) * District Court (Ireland), the main court of summary jurisdiction in Ireland * Magistrate's courts of Israel * Magistrate's Court of Jersey * Magistrates' Court (Kenya) * District Court (New Zealand), replaced magistrate's courts in 1980 * Magistrate's court (Russia) * Magistrate's court (South Africa) * Magistrate's court (Sri Lanka) * Magistrate court (West Virginia) Australian courts * Magistrates Court of the Australian Capital Territory * Magistrates court (Northern Territory) * Magistrates Court of Queensland * Magistrates Court of South Australia * Magistrates Court of Tasmania * Magistrates' Court of Victoria * Magistrates Court of Western Australia * Local Court of New South Wales * Federal Circu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duplicity (law)
Duplicity is the error committed when the charge (known as a ''count'') on an indictment describes more than one offence. An indictment may contain more than one count, but each count must allege only one offence, so that the defendant (and the jury) can know precisely what offences he or she is accused of. If a count is poorly drafted so that it alleges two offences, it is said to be "duplicitous". A duplicitous count is defective and may be quashed by the judge, unless the judge permits the count to be amended so that it only alleges one offence, or is split into two counts. If a duplicitous count is not noticed until after the defendant has been convicted on it, the verdict may be void. Duplicity is not to be mistaken with multiplicity, which is similar to duplicity in law. While duplicity refers to multiple offences under the same count, multiplicity regards multiple counts that reflect the same offence. Examples In ''People v. Bauman'' (2008), Amber Bauman was facing two ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
