9. Homicide

2021 ◽  
pp. 360-420
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Domestic Abuse ◽  
Self Control ◽  
Duty Of Care ◽  
Life Imprisonment ◽  
Loss Of Self ◽  
State Of Mind ◽  
The Law ◽  
New Guidelines ◽  
Context Features

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’, the penalty being life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary manslaughter. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present, reducing his culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing an unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. One of the chapter’s ‘The law in context’ features examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council. A new ‘The law in context’ feature analyses the relevance of domestic abuse for the defences available to a woman charged with murdering her abusive partner.

9. Homicide

Criminal Law ◽  
2019 ◽  
pp. 355-412
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Self Control ◽  
Duty Of Care ◽  
Life Imprisonment ◽  
Loss Of Self ◽  
State Of Mind ◽  
The Law ◽  
New Guidelines ◽  
Diminished Responsibility

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’ for which the penalty is life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present reducing his culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing a separate unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. The Law in Context feature examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council.

9. Homicide

Criminal Law ◽  
2017 ◽  
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Self Control ◽  
Life Imprisonment ◽  
Loss Of Self ◽  
State Of Mind ◽  
The Law ◽  
Mitigating Circumstances ◽  
Diminished Responsibility

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’ for which the penalty is life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary. Voluntary manslaughter arises where the accused has committed murder but mitigating circumstances, either diminished responsibility or loss of self-control, are present reducing his culpability. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable.

11. The Tort of Negligence

2019 ◽  
pp. 299-334
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Standard Of Care ◽  
Economic Loss ◽  
Causal Link ◽  
Duty Of Care ◽  
Pure Economic Loss ◽  
Breach Of Duty ◽  
The Law ◽  
The Difference

This chapter discusses the difference between the law of torts and contract and criminal law. It explores the tort of negligence, considering the necessary elements for a claim of negligence, namely the defendant owed the claimant a duty of care, the defendant breached that duty of care, and reasonably foreseeable damage was caused by the breach of duty. The chapter considers the special requirements for the recovery of pure economic loss and for loss as a result of psychiatric injuries, looking at both primary and secondary victims. The principles relating to breach of a duty of care, including the standard of care, are discussed. The chapter concludes with a discussion of the final element, considering the need for a causal link between the breach of duty by the defendant and the damage suffered by the claimant.

5. Murder

2017 ◽  
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Criminal Law ◽  
Legal Reform ◽  
Self Control ◽  
Mens Rea ◽  
Loss Of Self ◽  
Life Sentence ◽  
Actus Reus ◽  
Definition Of ◽  
Partial Defences ◽  
Controversial Nature

This chapter focuses on the offence of murder within the context of criminal law, with particular emphasis on its problematic and controversial nature. It first considers the definition of murder in terms of actus reus and mens rea. It then discusses the defences to murder, including general defences, specific complete defences (e.g. cases involving doctors and the treatment of terminally ill patients), and partial defences (e.g. loss of self-control, diminished responsibility, and suicide pact). It also outlines potential options for legal reform concerning the mandatory life sentence and the mens rea of murder, and concludes by presenting a structure for applying the actus reus and mens rea for murder to problem facts. Relevant cases are highlighted throughout the chapter, and there are also boxes that highlight common pitfalls to avoid and other areas of confusion for those new to the law.

A Right to Assist? Assisted Dying and the Interim Policy

2010 ◽  
Vol 74 (1) ◽  
pp. 31-52
Author(s):  
Ben Livings
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Assisted Suicide ◽  
The State ◽  
European Convention ◽  
Life And Death ◽  
The Law ◽  
New Guidelines ◽  
Potential Challenge

There are few more controversial, or emotive, debates within the criminal law than that which surrounds the topic of euthanasia, questioning as it does the fundamental role of the law in regulating the most intimate aspects of a person's life and death. The acknowledgement by the courts (notably in the cases of Diane Pretty and Debbie Purdy) that this area engages a person's rights under the European Convention on Human Rights exacerbates the urgency of the problem, and further nuances the debate as to the extent to which the autonomy of the person is impinged upon, and whether this is a function legitimately exercised by the state. In the wake of the announcement of new guidelines for prosecution in cases of assisted suicide, this article examines the state of the law regarding assisted suicide in England and Wales, and the fragile position of euthanasia within the criminal law. It will look to the various, and often rights-based, challenges to the law, and in particular a potential challenge through Article 7 of the European Convention on Human Rights.

scholarly journals On the issue of early parole from serving a sentence in the Kyrgyz Republic

2020 ◽  
Vol 2 (3) ◽  
pp. 176-181
Author(s):  
Kunduz Zhetigenova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Correctional Institutions ◽  
Life Imprisonment ◽  
Full Compensation ◽  
The Law ◽  
First Time ◽  
State Body

The article is devoted to the grounds and conditions for parole from serving a criminal sentence. The article considers the legislative and law enforcement problems that arise when applying the rules governing the procedure for evaluating the behavior of a convicted person during the period of serving a sentence. On January 1, 2019, the new legislation of the Kyrgyz Republic of the criminal law block came into force, which significantly changed the procedure for parole from criminal punishment. At present, it is only possible in relation to persons sentenced to punishments related to isolation from society. In addition, the provision on parole application in relation to additional punishment is excluded from the criminal law. However, the new law eased the situation of a convict for damages compensation, extended the circle of persons entitled to apply for considering the case on parole (abolished in accordance with the rules of parole was possible only after full compensation of the material damage caused by the crime). The legislator also reduced the number of circumstances prohibiting the use of parole from serving a sentence, and showed humanity in relation to certain categories of convicts (the norm on the application of p from serving a sentence in relation to persons sentenced to life imprisonment). The issue of creating a specialized authorized state body that carries out the execution of criminal penalties that are not related to isolation from society, compulsory measures of criminal legal influence, supervision of persons released on parole from correctional institutions, with the performance of social and legal functions of the probation body, was resolved. However, despite all the positive changes, the study allowed the author to conclude that there are actual problems of legal regulation and practical application of the provisions on the conditions and grounds for parole. In particular, the law does not reflect who exactly should act as a person who compensates for damages. In practice, there are often cases when the convicted person did not work, and the damage was paid by relatives. At the same time, the court has no grounds for refusing to apply for parole. In such circumstances, it is doubtful that the goals of the convicted person’s correction have been achieved. In addition, currently the law stipulates the same rules for the application of parole for persons who have committed crimes for the first time, as well as for persons convicted for a set of crimes and a set of sentences.

11. Sexual offences

2021 ◽  
pp. 468-517
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Criminal Law ◽  
Rape Myths ◽  
Sexual Offences ◽  
Sex Offences ◽  
The Law ◽  
Context Features

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape in particular in the context of broader discussions about consent and trial by jury. Two of ‘The law in context’ features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.

11. The Tort of Negligence

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Standard Of Care ◽  
Economic Loss ◽  
Causal Link ◽  
Duty Of Care ◽  
Pure Economic Loss ◽  
Breach Of Duty ◽  
The Law ◽  
The Difference

This chapter discusses the difference between the Law of Torts and Contract and Criminal Law. It explores the tort of negligence, considering the necessary elements for a claim of negligence, namely the defendant owed the claimant a duty of care, the defendant breached that duty of care, and reasonably foreseeable damage was caused by the breach of duty. The chapter considers the special requirements for the recovery of pure economic loss and for loss as a result of psychiatric injuries, looking at both primary and secondary victims. The principles relating to breach of a duty of care, including the standard of care, are discussed. The chapter concludes with a discussion of the final element, considering the need for a causal link between the breach of duty by the defendant and the damage suffered by the claimant.

33. Protection under the Family Law Act 1996: Non-Molestation Orders

2019 ◽  
pp. 383-392
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Domestic Abuse ◽  
Legal Aid ◽  
Forced Marriage ◽  
The Family ◽  
The Law

This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; and the availability of remedies under the Family Law Act 1996. It also explains when funding may be available under legal aid for orders under the Family Law Act 1996. The concept of ‘associated persons’ is explained and the list of these is provided. Non-molestation orders under the Family Law Act 1996 are explained, as well as the test for a nonmolestation order, evidence, applications by children, and duration of an order. The remedies for clients escaping a forced marriage and criminal law remedies are discussed.

33. Protection under the Family Law Act 1996: Non-Molestation Orders

Family Law ◽  
2020 ◽  
pp. 383-392
Author(s):  
Roiya Hodgson
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Domestic Abuse ◽  
Legal Aid ◽  
Forced Marriage ◽  
The Family ◽  
The Law

This chapter discusses the following: the law regarding domestic abuse; practical issues arising from acting for clients facing domestic abuse; and the availability of remedies under the Family Law Act 1996. It also explains when funding may be available under legal aid for orders under the Family Law Act 1996. The concept of ‘associated persons’ is explained and the list of these is provided. Non-molestation orders under the Family Law Act 1996 are explained, as well as the test for a nonmolestation order, evidence, applications by children, and duration of an order. The remedies for clients escaping a forced marriage and criminal law remedies are discussed.

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