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Felony Murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felonies. According to some commentators, the comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine
Doctrine (from , meaning 'teaching, instruction') is a codification (law), codification of beliefs or a body of teacher, teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system. The Etymology, etymological Greek language, Greek analogue is 'catechism'. Often the word ''doctrine'' specifically suggests a body of religion, religious principles as promulgated by a church. ''Doctrine'' may also refer to a principle of law, in the common-law traditions, established through a history of past decisions. Religious usage Examples of religious doctrines include: * Christian theology: ** Doctrines such as the Trinity, the Virgin Birth (Christian doctrine), virgin birth and atonement in Christianity, atonement ** The Salvation Army ''Handbook of Doctrine'' **Transubstantiation and Mariology of the Catholic Church, Marian teachings in Roman Catholic theology. The department of the Roman Curia which deals wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act (Northern Ireland) 1966
The Criminal Justice Act (Northern Ireland) 1966 (c 20) (NI) is an Act of the Parliament of Northern Ireland. It makes similar provision to the Homicide Act 1957 and the Suicide Act 1961 for Northern Ireland. Part I – Provisions as to criminal responsibility Section 1 The definition of "insane person" in this section is applied bsection 30of the Criminal Appeal (Northern Ireland) Act 1980. Part II – Homicide and suicide Section 9 This section was partially repealed by the Children and Young Persons Act (Northern Ireland) 1968 (c 34) (NI). As to section 9(2) of this Act, see section 73(1) of that Act. This section was repealed by section 31(3) of, and Schedule 5 to, the Northern Ireland (Emergency Provisions) Act 1973. Section 10 This section created the offence of capital murder. This section was repealed by section 31(3) of, and Schedule 5 to, the Northern Ireland (Emergency Provisions) Act 1973. Section 11 This section was repealed by section 31(3) of, and Sched ... [...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] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Martineau
''R v Martineau'', 9902 SCR 633 is a leading Supreme Court of Canada case on the ''mens rea'' requirement for murder. Background One evening in February 1985, Patrick Tremblay and 15-year-old Mr. Martineau set out to rob a trailer owned by the McLean family in Valleyview, Alberta. Martineau was armed with a pellet gun and Tremblay was armed with a rifle. Martineau was under the impression they were going to commit only breaking and entering and that no one would be killed. However, during the robbery, Tremblay shot and killed Mr. and Mrs. McLean. Martineau was charged with second degree murder under section 213(a) and (d) of the ''Criminal Code'' (now section 230(a) and (d)) for both deaths (under section 21(1) and (2)) and was transferred to adult court. At trial, Martineau was convicted. On appeal, the Alberta Court of Appeal overturned the decision, holding that section 213(a) violated section 7 and section 11(d) of the ''Canadian Charter of Rights and Freedoms'' ("''Charte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian States and territories of Australia, State of New South Wales. It has unlimited jurisdiction within the state in civil law (common law), civil matters, and hears the most serious criminal law, criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can be submitted to the New South Wales Court of Appeal and New South Wales Court of Criminal Appeal, Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Andrew Bell (judge), Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Criminal Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published jointly by the ''Melbourne University Law Review'' and the ''Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation The ''Aust ... Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ryan V R
''Ryan v The Queen'' (abbreviated to ''Ryan v R'') is a seminal case in Australian criminal law. The case is an application to the High Court of Australia for special leave to appeal a conviction for murder. It is often cited in cases of felony murder (referred to as constructive murder in Australian law) and when the issue of voluntariness is in question. Facts On March 10, 1965, Robert Patrick Ryan and his accomplice, Mr White, committed an armed robbery of a service station in Carramar, New South Wales. White would act as the getaway using a motorcycle, while Ryan would carry out the robbery proper using a sawn-off rifle. Mimicking a book he had read, Ryan planned to tie the service attendant up before absconding. While tying up the service attendant, Noel Francis Taylor, the rifle discharged, a bullet penetrated Taylor's neck and caused Taylor's death. Ryan claimed the discharged of the rifle was accidental and that he was culpable for manslaughter, not murder. Under the ... [...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] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
