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The Controversial Age of Criminal Responsibility in the Juvenile Justice System

Much discussion has actually been made over the appropriate age in which Children are considered to be criminally responsible. This consists of the idea of doli incapax, meaning that the individual can not clearly comprehend that their actions was seriously incorrect. Throughout the Australian legal systems, kids under the age of ten are considered to be doli incapax. Nevertheless, this number considerably transforms throughout the globe. The suitable age restriction in which kids think obligation from their criminal activities is […]

Rape Law Reform in England and Wales

1. Introduction The beginning of the 21st Century has seen a major overhaul of the sexual offences legislation in England and Wales. Prior to this reform the law on sexual offences was based on legislation implemented in 1956[2], with some parts dating as far back as the 19th Century. It goes without saying that this legislation was grossly dated and unsuitable for the 21st Century. A number of important amendments had been made since the 1956 legislation, including the inclusion […]

Law of Ethics in Nursing and Health

Brief 211982 In order to answer this question, one must assess and consider the law relating to ethics within the health professions for nurses and midwives. This will require a particular emphasis on the ideas and structures of the legal responsibilities that a midwife or nurse have to face on a daily basis through their response to a patient reporting alleged abuse whilst at work. This will require a conceptual analysis of the ethical ideas of non- maleficence[1], beneficence[2], autonomy[3], […]

Involuntary Intoxication

More than any other area of criminal law, intoxication demonstrates the clash between principle and policy. It is a fundamental principle of criminal law that liability should follow fault and that a person is only at fault if their behaviour is voluntary (actus reus) and the product of rational thought (mens rea). Strict adherence to this principle would acquit defendants who committed crimes whilst intoxicated if this impaired their ability to think and reason. However, as official statistics demonstrate that […]

The Victorian Burglary Legislation

Impact of Singh v The Queen on the Victorian Burglary Legislation. Introduction The main contentious issues in Singh v The Queen[1] are when should the mens rea element of the crime of burglary be proven to exist for a continuous act or series of acts, should the prosecution prove beyond reasonable doubt the existence of intent to commit the crime of burglary at the time of the first effective entry into the building or part of the building as defined […]

Homicide Law in the UK

1. The current law of homicide has been criticised widely for being archaic, complex and in need of reform. The Law Commission has reviewed the state of the law and proposed a new statutory framework which simplifies the law of homicide.[1] One of the biggest criticisms of the current common law is the wide definition ascribed to murder. It is defined as when someone unlawfully kills someone with the intent to kill or to do grievous bodily harm.[2] The breadth […]

Environmental Law in Hong Kong

Case 1 HKSAR v Dragages Hong Kong Ltd, HCMA 238/2014 Why did the defendants fail to make out a statutory defence? According to section 33 of the Noise Control Ordinance (Cap 400), the statutory defence made towards section 6 can be, by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance; in pursuance of the purpose of the prevention of injury to any person or the saving of the life of […]

The Need for Reform in Criminal Law

The criminal law on omissions is confusing and does not fit easily with the requirement that both actus reus and mens rea must be present to establish a criminal offence. This area of law is in need of reform. Discuss with reference to the relevant law. A fundamental principle of the criminal law is that the prosecution must prove, for all crimes, beyond all reasonable doubt, that the defendant committed both the actus reus and the mens rea (except crimes […]

The Counterfeit Access Device and Computer Fraud and Abuse Act

Chapter 8: Question No. 2: The Counterfeit Access Device and Computer Fraud and abuse Act or CADCFA Act has categorically placed the provision of the law against authorised access and use of federal and private computers. The penalties under CADCFA Act are of 5 to 21 years of imprisonment. Mr. Wang used his computer to pass on trade secrets to Gordon Eubanks, Symantec’s Chief. Unauthorised access to the federal and personal computer and the data contained in it is part […]

Mens Rea Essays