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Download Cavendish: Criminal Lawcards by Routledge, Routledge-Cavendish PDF

By Routledge, Routledge-Cavendish

Cavendish LawCards are whole, pocket-sized publications to key examinable components of the legislation for either undergraduate and PGDL classes. Their concise textual content, undemanding structure and compact structure make Cavendish LawCards the fitting revision reduction for choosing, figuring out, and committing to reminiscence the salient issues of every sector of legislation.

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In Scott v MPC (1975), Lord Diplock suggested that, where the intended victim was a private individual, the purpose of the conspirators must be to cause economic loss by interfering with some proprietary right. In the case of a public official, the conspiracy to defraud should be intended to cause him to act contrary to his duty. However, in Wai Yu-Tsang v R (1991), the Privy Council cast doubt on the distinction between private individuals and public officials and further held that conspiracies to defraud are not limited to cases of intention to cause economic loss.

In R v Morris (1997), the Court of Appeal held that a defendant is on a charge of an assault occasioning actual bodily harm and the harm is alleged to have been occasioned by a non-physical assault, the case should not go to the jury without expert psychiatric evidence. Mens rea The mens rea is intention or recklessness. Either of these two mental states needs to be established only in relation to the initial assault; it is unnecessary to prove that the defendant intended or foresaw the risk of harm.

Whether or not the child consented is irrelevant. 57 Cavendish LawCards: Criminal Law By contrast, absence of consent (or a reasonable belief in consent) must still be proved by the prosecution in cases where the child is 13 or older. However, sexual intercourse with a child below 16 remains unlawful, even if the child willingly engages in the activity or even encourages it. Where a 13, 14 or 15 year old consents to the relevant act, the defendant would not fall to be charged under one of the non-generic non-consensual offences, that is, rape, assault by penetration, and so forth.

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