11. Prosecuting an Either-Way Offence

2021 ◽  
pp. 209-225
Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Either-way offences include assault occasioning actual bodily harm, theft, and burglary. These offences can be committed with varying degrees of seriousness depending on the aggravating or mitigating features in the particular case. The more aggravating features, the more serious the offence will be regarded. This chapter examines the procedure for deciding where an either-way offence should be tried which includes the plea before venue and allocation procedure; the relative merits of summary trial and trial on indictment; and for those either-way offences that are to be tried in the Crown Court, the next stage of the proceedings.

Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Either-way offences include assault occasioning actual bodily harm, theft, and burglary. These offences can be committed with varying degrees of seriousness depending on the aggravating or mitigating features in the particular case. The more aggravating features, the more serious the offence will be regarded. This chapter examines the procedure for deciding where an either-way offence should be tried which includes the plea before venue and allocation procedure; the relative merits of summary trial and trial on indictment; and for those either-way offences that are to be tried in the Crown Court, the next stage of the proceedings.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Either-way offences include assault occasioning actual bodily harm, theft, and burglary. These offences can be committed with varying degrees of seriousness depending on the aggravating or mitigating features in the particular case. The more aggravating features, the more serious the offence will be regarded. This chapter examines the procedure for deciding where an either-way offence should be tried which includes the plea before venue and allocation procedure; the relative merits of summary trial and trial on indictment; and for those either-way offences that are to be tried in the Crown Court, the next stage of the proceedings.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Either-way offences include assault occasioning actual bodily harm, theft, and burglary. These offences can be committed with varying degrees of seriousness depending on the aggravating or mitigating features in the particular case. The more aggravating features, the more serious the offence will be regarded. This chapter examines the procedure for deciding where an either-way offence should be tried which includes the plea before venue and allocation procedure; the relative merits of summary trial and trial on indictment; and for those either-way offences that are to be tried in the Crown Court, the next stage of the proceedings.


2017 ◽  
Vol 8 (1-2) ◽  
pp. 27-37 ◽  
Author(s):  
Dorina Miller Parmenter

Despite Christian leaders’ insistence that what is important about the Bible are the messages of the text, throughout Christian history the Bible as a material object, engaged by the senses, frequently has been perceived to be an effective object able to protect its users from bodily harm. This paper explores several examples where Christians view their Bibles as protective shields, and will situate those interpretations within the history of the material uses of the Bible. It will also explore how recent studies in affect theory might add to the understanding of what is communicated through sensory engagement with the Bible.


CNS Spectrums ◽  
2015 ◽  
Vol 20 (3) ◽  
pp. 215-222 ◽  
Author(s):  
James L. Knoll

Responding to the California Supreme Court’s decision and its related legal obligations in Tarasoff v. Regents of Univ. of California over 30 years ago has become a standard part of mental health practice. This case influenced legal requirements governing therapists’ duty to protect third parties in nearly every state in the country. The final ruling in Tarasoff emphasized that therapists have a duty to protect individuals who are being threatened with bodily harm by their patients.This article will provide a brief overview and update on duty to protect legal requirements. Clinical guidelines for addressing threats and the duty to protect will be discussed, along with risk management approaches. The article will conclude with a sample vignette illustrating these principles.


2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.


YMER Digital ◽  
2021 ◽  
Vol 20 (11) ◽  
pp. 382-387
Author(s):  
Mr. Kiran Ranganath Kale ◽  

cid attack is against the indivual but consequences are universal; hence I think it is one kind of deep rooted social evil. As a learner of law we all are well aware that crime is against world at large or against the society. Now this acid attacks demeans the society and humanity. It reflects crony of human beings which is always hidden and not apparent. Over the years the gravity of this heinous crime has centralized Research scholars, thinkers’ Social activist, Legislatures, law students’ judges as well to make out way to curb this paranoia. In A.K. Gopalan’s case Justice Patanjali shashtri said that “man is rational beings desires to do many things but in civil society his desires will have to be controlled with the exercise of sillier desires of other indivual.” And not pouring acid on him or her. Because the main reasons behind commission of this brutal act are unwarranted desires like rejection of love marriages not love but proposal of marriages, refusal of dowry, rejection of sexual demands, property dispute, family conflict, disputes of live-in relationships though desires of human beings cannot be legislated but behavior can be controlled by penalizing it. The acid attack is unpredicted and permeated violence against beauty and body of the person; this is the only attack which can be done against inherent things of the body rather than bodily harm to the person. Those beautiful things of the victims can be targeted which are impossible to digest to the acid throwers. Acid attack is not only crime but also brutal violence that shows the gravity of the act of the thrower. This leads several long term consequences like blindness, disfigurations of the face and body, having negative felling to live along with society. Hence this evil must be eradicated before it grows in civil society


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