32. Selected road traffic offences (additional chapter)

2021 ◽  
pp. 1133-1133
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Road Safety ◽  
Road Traffic ◽  
The Road ◽  
Dangerous Driving ◽  
The Supreme Court ◽  
English Law

This chapter discusses road traffic offences including dangerous driving, careless and inconsiderate driving, causing death by driving, causing death by careless or inconsiderate driving when under the influence of drugs or alcohol, and causing death while driving unlawfully. A discussion of these offences contributes to an understanding of the general principles of criminal law. Dangerous and careless driving are rare examples of English law providing endangerment offences. The Road Safety Act 2006 includes some controversial new offences in which liability is imposed for a death arising while unlawfully on the roads irrespective of whether the death is due to some defect in the manner of the driving. The chapter examines the decisions of the Supreme Court in Hughes and in Taylor on the need for fault as to driving.

32. Selected road traffic offences

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Road Safety ◽  
Road Traffic ◽  
The Road ◽  
Dangerous Driving ◽  
The Supreme Court ◽  
English Law

This chapter discusses road traffic offences including dangerous driving, careless and inconsiderate driving, causing death by driving, causing death by careless or inconsiderate driving when under the influence of drugs or alcohol, and causing death while driving unlawfully. A discussion of these offences contributes to an understanding of the general principles of criminal law. Dangerous and careless driving are rare examples of English law providing endangerment offences. The Road Safety Act 2006 includes some controversial new offences in which liability is imposed for a death arising while unlawfully on the roads irrespective of whether the death is due to some defect in the manner of the driving. The chapter examines the decisions of the Supreme Court in Hughes and in Taylor on the need for fault as to driving.

scholarly journals THE NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN “ON THE PRACTICE OF THE COURTS APPLYING THE CRIMINAL LAW IN CASES OF CRIMES RELATED TO VIOLATION OF THE RULES OF THE ROAD AND THE OPERATION OF VEHICLES” DATED JUNE 29, 2011, AND THE CRIMINAL LAW

2020 ◽  
pp. 69-75
Author(s):  
K.A. Bakishev
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
The Road ◽  
Regulatory Decision ◽  
The Supreme Court ◽  
Sufficient Degree ◽  
The Republic

The Concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020emphasizes that the criminal law must meet the requirements of legal accuracy and predictability ofconsequences, that is, its norms must be formulated with a sufficient degree of clarity and based on clearcriteria that exclude the possibility of arbitrary interpretation provisions of the law. Meanwhile, an analysisof the Criminal Code of the Republic of Kazakhstan shows that some articles on liability for road transportoffences are designed poorly. For example, Art. 346 of the Criminal Code of the Republic of Kazakhstan ischaracterized by a combination of formal and qualified corpus delicti, as well as two forms of guilt — intentand negligence; in Art. 351 of the Criminal Code of the Republic of Kazakhstan, the circle of subjects of thecriminal offence was significantly reduced due to the unjustified exclusion of drivers of non-mechanicalvehicles. As a result, the Supreme Court of the Republic of Kazakhstan in the regulatory decree «On thepractice of the courts applying the criminal law in cases of crimes related to violation of the rules of theroad and the operation of vehicles’ of June 29, 2011 made a number of errors and contradictions that led todifficulties in qualifying the criminal offence and the appointment criminal punishment. Taking into accountthe law-enforcement and legislative experience of Kazakhstan and other countries in the field of ensuringtraffic safety, the author proposes amendments and additions to the named regulatory decision of theSupreme Court of the Republic of Kazakhstan to improve its quality and improve law enforcement practice.

Smith, Hogan, & Ormerod's Criminal Law

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Supreme Court ◽  
Detailed Analysis ◽  
Criminal Law ◽  
Road Traffic ◽  
Strict Liability ◽  
Mental Condition ◽  
Sexual Offences ◽  
The Supreme Court ◽  
Actus Reus ◽  
Secondary Liability

This book, in its fifteenth edition, has been completely updated to include all legislative and case law developments and detailed analysis of the many recent developments since the last edition. In particular, there has been a significant revision of the chapter dealing with secondary liability and joint enterprise following the decision of the Supreme Court in Jogee. The material on dishonesty has also been rewritten following the Supreme Court’s decision in Ivey v Genting Casinos. Changes brought about through the Policing and Crime Act 2017 and Criminal Finances Act 2017 have been incorporated. The book begins with an introduction of definitions of crime and an explanation of the sources of criminal law followed by detailed analysis of the elements of a crime (actus reus and mens rea) including negligence and strict liability. Secondary liability is examined with an emphasis on analysing the recent decision of the Supreme Court in Jogee, before exploring corporate and vicarious liability. Mental condition defences and the Law Commission’s proposals to reform them are examined alongside issues relating to mistake and intoxication. A comprehensive review of general defences includes the Court of Appeal’s controversial approach to self-defence in householder cases. The final chapter of the general part provides a detailed review of inchoate offences. The second part of the book examines specific offences including murder, manslaughter, other homicide offences, non-fatal offences, sexual offences, theft, and robbery, and considers the Fraud Act 2006, burglary, offences of damages to property, offences against public order and road traffic offences.

Odpowiedzialność karna za przestępne współdziałanie w prawie angielskim po wyroku R v. Jogee; Ruddock v. The Queen

2019 ◽  
Vol 76 ◽  
pp. 98-121
Author(s):  
Piotr Brzostek
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Mens Rea ◽  
Privy Council ◽  
The Supreme Court ◽  
English Law ◽  
Joint Enterprise ◽  
Uk Supreme Court ◽  
The Uk ◽  
Secondary Liability

The combined decisions of the UK Supreme Court and Judicial Committee of the Privy Council in R v. Jogee; Ruddock v. The Queen caused upheaval in the English law on criminal complicity. The Supreme Court/Privy Council decided that the law on criminal complicity „took a wrong turn” 33 years ago in the Privy Council ruling in Chan Wing-Siu which concerned a controversial doctrine of parasitic joint enterprise liability. According to the said doctrine, if A and B set out to commit a crime X (e.g. robbery) and B foresees that A might commit crime Y (e.g. murder) in the course of committing crime X, B will be liable for crime Y, even if he does not intend that crime Y be committed. The mere fact of foresight on B’s part is enough for him to be criminally liable. Decision in Jogee; Ruddock is of seminal importance as it overturned the doctrine of parasitic joint enterprise liability. It is doubtful, however, to what extent the Supreme Court has resolved the problems that have bedeviled this area of law. This article presents in outline the English law on criminal complicity and attempts to assess the changes that were introduced in Jogee; Ruddock. A number of issues still call for further refinement and resolution. It appears, however, that the emphasis the Supreme Court put on intention as a required standard of fault, draws, at least superficially, the continental (Polish and German) and English criminal law closer together in terms of mens rea requirements for secondary liability.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

scholarly journals The system of removing slush in passenger cars - a concept

2018 ◽  
Vol 19 (12) ◽  
pp. 217-220
Author(s):  
Michał Rubach ◽  
Konrad Waluś
Keyword(s):  
Atmospheric Pressure ◽  
Road Safety ◽  
Road Traffic ◽  
Dew Point ◽  
Passenger Cars ◽  
Dew Point Temperature ◽  
The Road ◽  
On The Road ◽  
Vehicle Movement ◽  
Temperature Surface

The appearance of slush on the road is determined by the intensity of precipitation, ambient temperature, surface and dew point temperature, atmospheric pressure and road traffic. The condition of slush (mixture of snow, ice, sand and chemicals such as salt) significantly affects the scope of road safety and the acceleration achieved in the driving processes. The agglomeration of slush in the space between the wheel and the wheel arches increases the resistance of the vehicle movement and increases the load on the suspension system and the steering. Excess snow and ice increases the risk of damage to these systems and may affect the steering and stability of the vehicle. The process of "deposition" of slush is particularly noticeable in environmental conditions with high humidity, and ambient and surface temperatures are below zero degrees Celsius. The article presents the idea of a system for removing slush from wheelhouse liners.

scholarly journals ROAD SAFETY CAMPAIGNS TO REDUCE TRAFFIC ACCIDENTS FOR YOUNG ROAD USERS

ICCD ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 601-606
Author(s):  
Widodo Budi Dermawan ◽  
Dewi Nusraningrum
Keyword(s):  
School Environment ◽  
Road Safety ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
School Administrators ◽  
Road User ◽  
The Road ◽  
Road Users ◽  
Accident Data

Every year we lose many young road users in road traffic accidents. Based on traffic accident data issued by the Indonesian National Police in 2017, the number of casualties was highest in the age group 15-19, with 3,496 minor injuries, 400 seriously injured and 535 deaths. This condition is very alarming considering that student as the nation's next generation lose their future due to the accidents. This figure does not include other traffic violations, not having a driver license, not wearing a helmet, driving opposite the direction, those given ticket and verbal reprimand. To reduce traffic accident for young road user, road safety campaigns were organized in many schools in Jakarta. This activity aims to socialize the road safety program to increase road safety awareness among young road users/students including the dissemination of Law No. 22 of 2009 concerning Road Traffic and Transportation. Another purpose of this program is to accompany school administrators to set up a School Safe Zone (ZoSS), a location on particular roads in the school environment that are time-based speed zone to set the speed of the vehicle. The purpose of this paper is to promote the road safety campaigns strategies by considering various campaign tools.

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