33. Money laundering (additional chapter)

2021 ◽  
pp. 1134-1134
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Supreme Court ◽  
Money Laundering ◽  
Case Law ◽  
Serious Crime ◽  
House Of Lords ◽  
The Supreme Court ◽  
Proceeds Of Crime ◽  
Criminal Conduct ◽  
Stolen Goods

This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. This chapter analyses how these offences relate to handling stolen goods.

Cross-fertilisation of Constitutional Ideas

2013 ◽  
Author(s):  
Petra Butler
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Case Law ◽  
Bill Of Rights ◽  
House Of Lords ◽  
The Supreme Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Uk Supreme Court ◽  
The Uk

This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an overview of the relevant New Zealand case law but also compares the courts' approaches to those of their UK counterparts, in particular the UK Supreme Court (formerly, the House of Lords) in regard to section 3 of the UK Human Rights Act 1998. It is argued that the perceived difference in the approaches can be explained by different contexts rather than different methodology. The chapter thereby questions the view held in New Zealand that the UK courts, and especially the Supreme Court, are more activist than the New Zealand courts.

scholarly journals The Supreme Court of Canada, the House of Lords, the Judicial Committee of the Privy Council, and Administrative Law

1969 ◽  
pp. 5
Author(s):  
D. H. Clark
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Administrative Law ◽  
Supreme Court Of Canada ◽  
Privy Council ◽  
House Of Lords ◽  
Mumbo Jumbo ◽  
The Supreme Court ◽  
The Law ◽  
The Individual

The Supreme Court of Canada's contribution to the jurisprudence of administra tive law has been weak and fitful, erratic and lacking in attention to the principles of its own previous decisions. Failure to articulate points of distinction between its decisions has led to uncertainty in the law. The speaker suggested that the insufficiency of the Court's reasoning and the inadequacy of its citation might be reduced if judgments were more often delivered by more members of the Court thus increasing the individual research and writing of the Court so that its earlier fcmons would be kept in view and the case law developed more coherently. Furthermore, the Court should foUow the House of Lords in not considering itself bound by ds own decisions. The speaker regretted the Court's tendency to take mechanically conceptualise approach to substantive administrative law issues- if Canadian courts are to keep pace with those of other jurisdictions, the Supreme Court of Canada cannot continue to use outworn mumbo-jumbo as substitute for identifyltZtJ «»*"*»* societal interests that are the stuff of /hefPe?kfr aho discussed and compared the contributions of the House of Lords and of the Judicial Committee of the Privy Council. Although it has fewer members the House of Lords has more dissenters in administrative law decisions than the Supreme Court of Canada, (whereas the Privy Council until 1966 could not have dissent). While the S.C.C. has been inconsistent and weak, the Privy Council has been consistent and weak. Although there have been occasional achievements, between 1951 and 1971 the Privy Council rendered series of regressive decisions that impaired coherent development of the administrative law in England and in the Commonwealth. ReidZhh^ i*' f" H0USe °f Lof* under the influenc* of the late Lord h^'^nuJf has enjoyed as most creative °n TegreSSiVe period inPrivy relation Council to public decisions> law si™ However *• earlyhaknZd 1960's mnnt rxiicc ft ££Icrt has*eenperfo

15. Further homicide and related offences

2021 ◽  
pp. 646-688
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Supreme Court ◽  
Assisted Suicide ◽  
Case Law ◽  
European Convention ◽  
Mercy Killing ◽  
House Of Lords ◽  
The Supreme Court ◽  
Serious Injury

This chapter deals with further homicide and related offences. It discusses offences ancillary to murder, solicitation and threats to kill, the offence of concealment of birth, complicity in suicide, mercy killing and suicide pacts as well as the Suicide Act 1961. The chapter also covers offences of infanticide, child destruction and abortion. Finally, it then moves on to provide an overview of the offences under the Domestic Violence, Crime and Victims Acts 2004 and 2012 of causing or allowing a child or vulnerable adult to be killed or caused serious injury. The chapter examines the recent line of case law from the House of Lords and the Supreme Court considering whether the absolute prohibition on assisted suicide violates rights guaranteed in the European Convention on Human Rights.

15. Further homicide and related offences

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Supreme Court ◽  
Assisted Suicide ◽  
Case Law ◽  
European Convention ◽  
Mercy Killing ◽  
House Of Lords ◽  
The Supreme Court ◽  
Serious Injury

This chapter deals with further homicide and related offences. It discusses offences ancillary to murder, solicitation and threats to kill, the offence of concealment of birth, complicity in suicide, mercy killing, and suicide pacts as well as the Suicide Act 1961 and proposals for reform. The chapter also covers offences of infanticide, child destruction, and abortion. Finally, it then moves on to provide an overview of the offences under the Domestic Violence, Crime and Victims Acts 2004 and 2012 of causing or allowing a child or vulnerable adult to be killed or caused serious injury. The chapter examines the recent line of case law from the House of Lords and the Supreme Court considering whether the absolute prohibition on assisted suicide violates rights guaranteed in the European Convention on Human Rights.

The concept of human dignity in the case-law of the Supreme Court of Canada on Charter Equality Rights

2021 ◽  
Vol 30 (5) ◽  
pp. 118-137
Author(s):  
Tatiana Vasilieva ◽  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Supreme Court ◽  
Human Dignity ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Equality Rights ◽  
The Supreme Court ◽  
Additional Burden ◽  
The Impact

This article explores the evolution of the Supreme Court of Canada’s approach to the application of the concept of human dignity in constitutional equality cases. Traditionally, in human rights cases, this concept serves only to strengthen the argument, to show that the violation affects the person’s intrinsic worth. It is only in Canada and in South Africa that there is experience in applying the concept as a criterion for identifying discrimination. In 1999, in Law v. Canada, the Supreme Court recognized the purpose of Article 15(1) of the Canadian Charter of Rights and Freedoms of 1982 to be the protection of human dignity and stated that discrimination must be established based on assessment of the impact of a program or law on human dignity. However, in 2008, in R. v. Kapp, the Court noted that the application of the concept of human dignity creates difficulties and places an additional burden of prove on the plaintiff. It is no coincidence that victims of discrimination have preferred to seek protection before human rights tribunals and commissions, where the dignity-based test is not used. Subsequently, the Supreme Court of Canada rejected the use of the concept of human dignity as a criterion for identifying discrimination. The unsuccessful experience of applying the concept of human dignity as legal test has demonstrated that not every theoretically correct legal construction is effective in adjudication.

The UK courts and EU law post-Brexit

2021 ◽  
Vol 20 (3) ◽  
pp. Christopher-Vajda
Author(s):  
Christopher Vajda
Keyword(s):  
Supreme Court ◽  
Transition Period ◽  
Case Law ◽  
Eu Law ◽  
National Courts ◽  
The Supreme Court ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
Court Of Appeal

Following the expiry on 31 December 2020 of the ‘transition period’ under the UK/EU Withdrawal Agreement, the relationship between UK and EU law had changed. Whilst much EU legislation at that date will continue to apply in UK law as ‘retained EU law’ and judgments of the EU courts handed down before that date will remain binding on UK courts as ‘retained EU case law’, the Court of Appeal and Supreme Court can depart from that case law. Whilst EU court judgments handed down after that date are not binding on UK courts, they may be taken into account. This article considers both the status of EU retained case law and when the Supreme Court and Court of Appeal may depart from it, and the future of EU law that is not ‘retained EU case law’ and how judgments of the European Courts and national courts of its Member States may influence UK judges in the future.

scholarly journals Augmented Categories Of Proceeds Of Crimes In Relation To Money Laundering In Indonesia

2019 ◽  
Vol 3 (2) ◽  
Author(s):  
Muhammad Al Husaini ◽  
Muhammad Anshori Sudirman ◽  
Maulana Syekh Yusuf ◽  
Muhammad Hutomo
Keyword(s):  
Money Laundering ◽  
White Collar ◽  
Economic Gain ◽  
Conceptual Approach ◽  
Serious Crime ◽  
National Welfare ◽  
Proceeds Of Crime ◽  
The Law

Money laundering is a serious crime that threatens economic gain and national welfare. This crime is closely related with other crimes, which serve as the providers of illicit funds or illegal wealth. This paper will explore the augmented categories of proceeds of crimes that might lead to money laundering. This paper is a normative descriptive one with statute and conceptual approach. Findings of this paper show that categories of proceeds of crime have been augmented over the years, as mentioned in amendment of the law of money laundering. Including to these augmented categories are “forbidden fruits” generated from common crimes, transnational crimes, white-collar crimes, and other crimes committed in Indonesian territory, as well as outside the territory with the Double Criminality principle.

scholarly journals Life After Bilski

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Supreme Court ◽  
Real World ◽  
Subject Matter ◽  
Case Law ◽  
Patent Law ◽  
District Courts ◽  
The Supreme Court ◽  
Federal Circuit ◽  
Abstract Ideas ◽  
New Applications

In Bilski v. Kappos, the Supreme Court declined calls to categoricallyexclude business methods - or any technology - from the patent law. It alsorejected as the sole test of subject matter eligibility the FederalCircuit’s deeply-flawed "machine or transformation" test, under which noprocess is patentable unless it is tied to a particular machine ortransforms an article to another state or thing. Subsequent developmentsthreaten to undo that holding, however. Relying on the Court’s descriptionof the Federal Circuit test as a "useful and important clue', the U.S.Patent and Trademark Office, patent litigants, and district courts have allcontinued to rely on the machine-or-transformation test in the wake ofBilski: no longer as the sole rule, but as a presumptive starting pointthat threatens to effectively become mandatory. In this Article, we suggesta new way to understand the exclusion of abstract ideas from patentablesubject matter. No class of invention is inherently too abstract forpatenting. Rather, the rule against patenting abstract ideas is an effortto prevent inventors from claiming their ideas too broadly. By requiringthat patent claims be limited to a specific set of practical applicationsof an idea, the abstract ideas doctrine both makes the scope of theresulting patent clearer and leaves room for subsequent inventors toimprove upon - and patent new applications of - the same basic principle.Recasting the abstract ideas doctrine as an overclaiming test eliminatesthe constraints of the artificial machine-or-transformation test, as wellas the pointless effort to fit inventions into permissible or impermissiblecategories. It also helps understand some otherwise-inexplicabledistinctions in the case law. Testing for overclaiming allows courts tofocus on what really matters: whether the scope of the patentee's claimsare commensurate with the invention’s practical, real-world contribution.This inquiry, we suggest, is the touchstone of the abstract ideas analysis,and the way out of the post-Bilski confusion.

scholarly journals Pravni položaj poštenog i nepoštenog posjednika u odnosu na vlasnika stvari

2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Basic Method ◽  
Unjust Enrichment ◽  
The Supreme Court ◽  
Legal Position ◽  
The Republic ◽  
Basic Characteristics ◽  
The Right

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.

scholarly journals ON SOME HYPOTHESES OF FILLING A CLAIM AGAINST A DECEASED DEFENDANT

2020 ◽  
Author(s):  
Svetoslav Pandilov ◽  
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
General Assembly ◽  
The Supreme Court

Considering the substantive and procedural consequences related to the filing of a claim, its admissibility is of significant importance to the defense of the claimant's interests. Case law of the last few years raised the question of what are the consequences for the claim procedure when the defendant has died by the date of filing of the claim - irregularity of the claim motion filed or inadmissibility of the claim on the grounds of lack of procedural prerequisite. The exist-ence of controversial case law has been overcome by Interpretative Decision №1/2017 from 09.07.2019 on Interpretative Case № 1/2017 of the General Assembly of the Civil and Com-mercial Divisions of the Supreme Court of Cassation, which states that when the defendant who is indicated in the claim motion has died before the filing of the claim motion the claim proce-dure is inadmissible and should be terminated. The above mentioned interpretative decision is analyzed in this report, as well as some hypotheses when the solution provided by the interpreta-tive decision could cause significant issues to the claimant. The report also aims to provide a solution to these practical issues.

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