Maxim actus non facit reum nisi mens sit rea means that the guilty act on its own will not make a person criminally liable unless it was done with a guilty state of mind. The majority of crimes are brought about by a mixture of actions and are referred to as the guilty acts these […]
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 […]
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Get startedIn times gone by, the offence of rape was defined as ‘the carnal knowledge of a woman forcibly and against her will’.1 The offence was initially silent on the issue of mens rea and it was not until DPP v Morgan2 that its inclusion and the effect that this had on mistakes about consent was […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of “facts in issue” or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, […]
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 […]
The Crime of Breach of The Peace in Scottish Criminal Law The crime of breach of the peace in Scottish criminal law will be explained and it will be shown why the crime has been redefined in recent years. In doing so, various case law and academic opinion will be assessed and it will be […]
Criminal Law Murder The most serious offence that Marion could be charged with is the murder of Spike and Toby. Murder is defined in law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. Therefore murder comprises of two elements, these are […]
Homicide law should be reformed as it is inappropriate for someone to be held liable for murder if they did not intend to kill. To what extent do you agree with this statement? Date authored: 23 rd August, 2014. Homicide is the collective term for both murder and manslaughter in England and Wales. Murder is […]
