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Perverting The Course Of Justice
Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Fiji, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, although charges of attempting to pervert the course of justice are also raised in Scotland, while the South African counterpart is defeating or obstructing the course of justice. A similar concept, obstruction of justice, exists in United States law. England and Wales Doing an act tending and intending to pervert the course of public justice is an offence under the common law of England and Wales. Perverting the course of justice can be any of three acts: * Fabricating or disposing of evidence * Intimidating or threatening a witness or juror * Intimidating or threatening a judge Also crimi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Institutes'' of Justinian I, Justinian, a 6th-century codification of Roman law, where justice is defined as "the constant and perpetual will to render to each his due". A society where justice has been achieved would be one in which individuals receive what they "deserve". The interpretation of what "deserve" means draws on a variety of fields and philosophical branches including ethics, rationality, law, religion, and fairness. The state may pursue justice by operating courts and enforcing their rulings. History Early Western theories of justice were developed in part by Ancient Greek philosophers such as Plato in his work ''Republic (Plato), The Republic'', and Aristotle, in his ''Nicomachean Ethics'' and ''Politics (Aristotle), Politics'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Juror
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Local Court Of New South Wales
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters. Matters are heard before a single magistrate sitting without a jury, addressed as "Your Honour" or "Sir" (but no longer "Your worship"). The Local Court has no jurisdiction for claims in equity. On appeal, matters may be heard by the District Court of New South Wales including appeals against the sentence or conviction decided in the Local Court. The Chief Magistrate of the Local Court is Judge Michael Allen, former Deputy Chief Magistrate, who was appointed in July 2024. Judge Allen succeeded Judge Peter Johnstone, appointed in 2021. History In 1788, following the landing of the First Fleet and establishment of the Colony ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Farquhar
Murray Farquhar OBE (7 July 19183 December 1993) was an Australian jurist. He was the Chief Stipendiary Magistrate of New South Wales between 1971 and 1977. Farquhar was born in Broken Hill, New South Wales. He attended Broken Hill High School and served in the Australian Army in the Second World War. After his military service, he studied law, practiced as a solicitor, and was appointed a magistrate in 1962. He was appointed Chief Stipendiary Magistrate in 1971. He was appointed an Officer of the Order of the British Empire (Military Division) in January 1967. A Royal Commission conducted by Sir Laurence Street into the alleged involvement of both Farquhar and Premier of New South Wales Neville Wran in the acquittal of former head of the Australian Rugby League Kevin Humphreys, who was on fraud charges, resulted in Farquhar in March 1985 being sentenced to four years' gaol for conspiracy to pervert the course of justice. During his trial, it became clear that Farquhar had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South Australia to the west. Its coast borders the Coral Sea, Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are Enclave and exclave, enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of the Australian mainland with its Western Australia border, western boundary set at 129th meridian east in 1825. The colony then also includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code (Canada)
The ''Criminal Code'' () is a law of the Parliament of Canada that codifies most, but not all, criminal offences and criminal procedure in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ). It is indexed in the Revised Statutes of Canada, 1985 as chapter number C-46 and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the '' Constitution Act, 1867'' establishes that the Parliament of Canada has sole jurisdiction over criminal law. Accordingly, the Criminal Code applies to the entirety of the country, meaning that in Canada, all crimes which are defined under the Criminal Code are federal crimes and can be prosecuted anywhere they occur in or out of the country. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the '' Firearms Act'', the '' Controlled Drugs and Substances Act'', the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Triable Only On Indictment
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a ''prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which for federal crimes, also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In So ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Attempts Act 1981
The Criminal Attempts Act 1981 (c. 47) is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes. It abolished the common law offence of attempt. Provisions Attempting to commit an offence Section 1(1) of the Act creates the offence of ''attempt'': Section 1 applies to any indictable offence triable in England and Wales, except conspiracy, aiding and abetting, and offences under sections 4 and 5 of the Criminal Law Act 1967 (which deal with assisting offenders and concealing information about crimes). Section 1(2) reads: Section 1(3) states that a person is to be judged according to what the defendant thought the facts of the case were at the time of the attempt, rather than what the facts really were, in the event that the defendant was mistaken about what was happening. Section 2 states that rules regarding time limits for prosecuting, powers of arrest and search, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, /ref> Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of Inchoate offense, inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.Defining Attempts: Mandujano's Error, Duke University, Michael R. Fishman/ref> One group of theories in criminal law is that attempt to commit an act occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not commit it. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inchoate Offence
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."See lists and chapters of texts at McCord and McCord, ''Infra,'' pp. 185-213, and Schmalleger, ''Infra'', pp. 105-161, 404. Intent Every inchoate crime or offense must have the ''mens rea'' of intent or of recklessness, typically intent. Absent a specific law, an inchoate offense requires that the defendant have the specific intent to commit the underlying crime. For example, for a defendant to be guilty of the inchoate crime of solicitation of murder, he or she must have intended for a person to die. Attempt, conspiracy, and solicitation all require ''mens rea''. On the other hand, commit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Archbold Criminal Pleading, Evidence And Practice
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is a leading practitioners' text book for the practice of criminal law in the Crown Court of England and Wales. It is also referred to and used in several other common law jurisdictions around the world. ''Archbold'' has been in publication since 1822, when it was first written by John Frederick Archbold. It is currently published by Sweet & Maxwell, a subsidiary of Thomson Reuters. Forty-three revisions were published prior to 1992 and since then it has been published annually. Its authority is such that it is often quoted in court. The team of authors is made up of experienced solicitors, barristers, King's Counsel and judges. Editors Related publications A separate work, '' Archbold Magistrates' Courts Criminal Practice'' (usually called simply ''Archbold Magistrates'') covers the criminal jurisdiction of magistrates' courts and youth courts of England and Wales. It also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission (England And Wales)
In England and Wales the Law Commission () is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chair (a judge of the High Court or Court of Appeal, currently Sir Peter Fraser LJ) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Every t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
