scholarly journals Certainty and Ascertainability of Criminal Law after the Pitcairn trials

2008 ◽  
Vol 39 (4) ◽  
pp. 659
Author(s):  
Fran Wright
Keyword(s):  
At Risk ◽  
Criminal Law ◽  
Case Law ◽  
Access To Information ◽  
Criminal Offence ◽  
Sexual Offences ◽  
Limited Access ◽  
Legal Advice ◽  
Important Principle ◽  
Not At Risk

According to the certainty principle, someone should not be charged with or convicted of a criminal offence that they did not and could not have known existed. This article considers this principle in light of the trial of seven Pitcairn Islanders for offences under the English Sexual Offences Act 1956. The islanders were unaware of the terms of the Act and had very limited access to information about criminal law. Their claim that the prosecutions were an abuse of process failed because they had indirect access to legal advice and also must have known that their conduct was criminal. The article argues that the reasons given for upholding the convictions were inadequate. Criminal law on Pitcairn was uncertain. However, uncertain law is not always unenforceable. Courts have to balance the interests of defendants with those of victims. Certainty is an important principle but it is not a rigid and inflexible requirement. Case law suggests that there is a defence based on uncertainty only if the existence of an offence was not predictable and the offence lacks a fault element. In other cases, a defendant can be said to have fair notice and is not at risk of being convicted in the absence of subjective fault.

scholarly journals Rejestr sprawców przestępstw seksualnych. Uwagi na tle ustawy z dnia 13 maja 2016 r. o przeciwdziałaniu zagrożeniom przestępczością na tle seksualnym

2016 ◽  
pp. 147-162
Author(s):  
Joanna Mierzwińska-Lorencka
Keyword(s):  
Sex Offenders ◽  
Preventive Measures ◽  
Access To Information ◽  
Negative Consequences ◽  
Sexual Offences ◽  
The Public ◽  
Limited Access ◽  
Wide Range ◽  
Effective Instrument ◽  
Public Concerns

The article discusses on the Act on counteracting threats of sexual offences. It introduces to the Polish legal system the Registry of Sex Offenders in a version with a limited access and a version available to the public. Criticising the adopted solutions, the author point out the lack of integration with other interventions conducted in Poland against sex offenders, noncompliance with the recommendations of the most important expert circles in the field. The summary emphasises that access to information contained in the registry of limited access will increase the safety of children, especially in those areas where the authorities of the state or local government shall perform activities related to the wider education, treatment or care of minors. However, it should be connected with the organization of a wide range of preventive measures. From the other side the public registry will contribute to increasing public concerns and will be associated with the negative consequences for the perpetrators, and often their families, and the victims themselves. There is certainly an effective instrument that can be used countering threats of crime against sexual abuse.

Criminal Law

2019 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Criminal Law

2021 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

scholarly journals On Sexual Consent in Canada

2020 ◽  
Vol 10 (2) ◽  
Author(s):  
Bryan Birtles
Keyword(s):  
Sexual Assault ◽  
Sexual Activity ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Sexual Consent ◽  
Sexual Autonomy ◽  
Expressive Function ◽  
Important Principle ◽  
The Law

Consent is an extremely important principle within the law—so important it is defined twice within the Criminal Code: first in s. 265, the assault provision which also governs the law of sexual assault, and again in s. 273.1, where the Code provides additional definition specifically within the context of sexual assault. The limits of consent have been further defined through case law, especially in R v Ewanchuk. Canadians would be surprised to discover that Ewanchuk determined it is illegal to initiate sexual activity via sexual touching, or to kiss a sleeping spouse. To keep people safe from inappropriate sexual touching, we have outlawed activities most intimate partners would not object to: this creates a dilemma about when protection exceeds its necessity and becomes inappropriate control of sexual autonomy. It is this dilemma this article addresses. Ultimately, this article argues that Canada’s sexual assault laws must change for two reasons: first, by criminalizing behaviour that is not morally wrong, the criminal law is overbroad and doesn’t fulfil its expressive function, and; while enacted with the noble goal of protecting the sexual autonomy of women, our consent laws serve to restrict the sexual autonomy of women in ways that are objectionable.

scholarly journals MARITAL RAPE: A TALE OF TWO LEGAL SYSTEMS

Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Oyebanke Yebisi ◽  
Victoria Balogun
Keyword(s):  
South Africa ◽  
South African ◽  
Criminal Law ◽  
Common Law ◽  
Case Law ◽  
Criminal Code ◽  
Marital Rape ◽  
The South ◽  
Sexual Offences ◽  
The Common

Marital rape is a form of sexual violence, which is often downplayed due to the common law position that a man cannot rape his wife. While certain jurisdictions have enacted laws criminalising it, other jurisdictions have yet to criminalise it. This paper focuses on the criminal aspects of marital rape and examines the laws regarding marital rape in South Africa and the general rape provisions in Nigeria. While marital rape is punishable under South African criminal law, it is not in Nigeria. In this paper, the provisions of the South African Criminal Law (Sexual Offences and Other Related Matters) Act of 2007, the Criminal Code Act, and the Penal Code Act – Nigeria in relation to rape and marital rape – are analysed. This paper also discusses the South African Sexual Offences Court, sentencing for rape in the selected countries, and relevant case law. It concludes that South Africa (SA) has a generally good framework with respect to rape and marital rape, but the country should work more on the strict application of the laws in place. It also suggests that Nigeria should establish a sexual offences court using the South African model and should amend the Criminal Law to expressly criminalise marital rape.

Criminal Law

2017 ◽  
Author(s):  
Michael J. Allen
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 25 years. This is the fourteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Smaller twins are not at risk of neonatal morbidity compared to their larger co-twins

2008 ◽  
Vol 29 (S 2) ◽  
Author(s):  
KJ Oh ◽  
JH Lee ◽  
JH Kang ◽  
CW Park ◽  
JS Park ◽  
...  
Keyword(s):  
At Risk ◽  
Neonatal Morbidity ◽  
Not At Risk

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

scholarly journals Sarcopenia and Malnutrition Screening in Female Osteoporosis Patients—A Cross-Sectional Study

2021 ◽  
Vol 10 (11) ◽  
pp. 2344
Author(s):  
Franca Genest ◽  
Dominik Rak ◽  
Elisa Bätz ◽  
Kerstin Ott ◽  
Lothar Seefried
Keyword(s):  
At Risk ◽  
Risk Groups ◽  
Cross Sectional Study ◽  
Mineral Density ◽  
Cross Sectional ◽  
Functional Deficits ◽  
Complementary Approach ◽  
Study Results ◽  
Patients At Risk ◽  
Not At Risk

Sarcopenia and malnutrition are important determinants of increased fracture risk in osteoporosis. SARC-F and MNA-SF are well-established questionnaires for identifying patients at risk for these conditions. We sought to evaluate the feasibility and potential added benefit of such assessments as well as the actual prevalence of these conditions in osteoporosis patients. We conducted a cross-sectional, single-center study in female osteoporosis patients ≥ 65 years (SaNSiBaR-study). Results of the sarcopenia (SARC-F) and malnutrition (MNA-SF) screening questionnaires were matched with a functional assessment for sarcopenia and data from patients’ medical records. Out of 107 patients included in the analysis, a risk for sarcopenia (SARC-F ≥ 4 points) and a risk for malnutrition (MNA-SF ≤ 11 points) was found in 33 (30.8%) and 38 (35.5%) patients, respectively. Diagnostic overlap with coincident indicative findings in both questionnaires was observed in 17 patients (16%). As compared to the respective not-at-risk groups, the mean short physical performance battery (SPPB) score was significantly reduced in both patients at risk for sarcopenia (7.0 vs. 10.9 points, p < 0.001) and patients at risk for malnutrition (8.7 vs. 10.5 points, p = 0.005). Still, confirmed sarcopenia according to EWGSOP2 criteria was present in only 6 (6%) of all 107 patients, with only 3 of them having an indicative SARC-F score. Bone mineral density was not significantly different in any of the at-risk groups at any site. In summary, applying SARC-F and MNA-SF in osteoporosis patients appears to be a complementary approach to identify individuals with functional deficits.

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