By Catherine Elliott; Frances Quinn
In addition to starting off the legislations itself, the authors learn the rules in the back of legal legislation, and talk about a few of the matters and debates bobbing up from it.
content material: parts of a criminal offense --
Strict legal responsibility --
Voluntary manslaughter --
Involuntary manslaughter --
Non-fatal offences opposed to the individual --
Non-fraudulent estate offences --
Fraudulent estate offences --
Inchoate offences --
company legal responsibility --
normal defences --
Codification of the felony law.
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Statute Some pieces of legislation impose duties to act on individuals. For example, s. 1 of the Children and Young Persons Act 1933 imposes a duty to provide for a child in one’s care. Failure to do so constitutes an offence. Defendant created a dangerous situation Where a defendant has created a dangerous situation, they are under a duty to act to remedy this. This duty is illustrated by the case of R v Miller, which is discussed at p. 13. Criticism It will depend on the facts of each case whether the court is prepared to conclude that the relationship is sufficiently close to justify criminal liability for a failure to act to protect a victim.
2 176 Suicide Act 1961 s. 2 290, 378 Terrorism Act 2000 329 Theft Act 1968 193, 202, 203, 207, 210, 230, 234, 235 s. 1 192, 193, 205, 219, 229, 248, 341 s. 1(1) 224, 225 s. 2 227, 248 s. 2(1) 207, 209, 221, 230, 248 s. 2(1)(a) 210, 250 s. 2(1)(c) 228 s. 2(5) 249 s. 3 229, 249 xxxiv s. 3(1) 195, 196, 200, 230, 233, 249 s. 4 194, 196, 230 s. 4(2) 194, 196, 230 s. 4(3) 195, 228 s. 4(4) 195 s. 5 200, 227, 230 s. 5(2) 225 s. 5(2)(a) 225 s. 5(2)(b) 225, 226 s. 5(3) 202, 203, 225, 230 s. 5(4) 202, 203, 230, 248, 249 s.
1 Elements of an offence Actus reus An actus reus can consist of more than just an act, it comprises all the elements of the offence other than the state of mind of the defendant. Depending on the offence, this may include the circumstances in which it was committed, and/or the consequences of what was done. For example, the crime of rape requires unlawful sexual intercourse by a man with a person without their consent. The lack of consent is a surrounding circumstance which exists independently of the accused’s act.