scholarly journals R v Cunnard: Judicial application and expansion of section 102 of the Sentencing Act 2002

2021 ◽  
Author(s):  
◽  
Sean Mallett

<p>Section 102 of the Sentencing Act 2002 gives judges’ only limited discretion when sentencing for stage-1 murder: the discretion to rebut the presumption of life imprisonment in circumstances where the sentence would otherwise be “manifestly unjust”. This is a high threshold, and the Court of Appeal has said that it will be met only in exceptional cases. The judgment in R v Cunnard is the first time that a person who derived their conviction of murder from a principal offender has had the presumption displaced, and this essay explores whether or not this decision has lowered the threshold to establish manifest injustice. Although Miller J’s judgment conforms to the common features that exist in the few cases where the presumption has been successfully displaced, it is not without criticism. There are issues as to whether an overall assessment of the circumstances of the offence and the offender were made, as well as significant concerns regarding the emphasis the judge placed on sentence parity between co-offenders.</p>

2021 ◽  
Author(s):  
◽  
Sean Mallett

<p>Section 102 of the Sentencing Act 2002 gives judges’ only limited discretion when sentencing for stage-1 murder: the discretion to rebut the presumption of life imprisonment in circumstances where the sentence would otherwise be “manifestly unjust”. This is a high threshold, and the Court of Appeal has said that it will be met only in exceptional cases. The judgment in R v Cunnard is the first time that a person who derived their conviction of murder from a principal offender has had the presumption displaced, and this essay explores whether or not this decision has lowered the threshold to establish manifest injustice. Although Miller J’s judgment conforms to the common features that exist in the few cases where the presumption has been successfully displaced, it is not without criticism. There are issues as to whether an overall assessment of the circumstances of the offence and the offender were made, as well as significant concerns regarding the emphasis the judge placed on sentence parity between co-offenders.</p>


2020 ◽  
Vol 62 ◽  
pp. 32-38
Author(s):  
E. A. Dolmatov ◽  
R. B. Borzayev ◽  
A. N. Shaipov

The results of the study of the duration of the juvenile period of indigenous Chechen willow leaf pear genotypes (Pyrus salicifolia Pall.) are given in connection with the acceleration of the breeding process and the use of selected forms in pear breeding for high precocity. The studies were carried out in 2016-2019 at OOO “Orchards of Chechnya” in accordance with the Agreement on creative cooperation with the Russian Research Institute of Fruit Crop Breeding. The work was carried out in accordance with generally accepted programs and methods. The objects of the study were one-year and two-year-old pear seedlings obtained from sowing seeds of selected dwarf and low-growing local Chechen forms of willow pear (P. salicifolia Pall.), laying fruit buds on annual growths and seedlings of Caucasian pear (P. caucasica Fed.), 20 500 pcs. of each specie. The aim of the research was to study the potential of precocity of willow pear seedlings and to reveal of selected forms with the greatest degree of this trait. Stratified seeds were sown in the sowing department of the OOO “Orchards of Chechnya” production nursery in April, 2017. The seedlings were grown according to the common technology in dryland conditions on the plot with chestnut soil. The first fl owering of plants was noted in the spring, 2019. As a result of the research, for the first time on a large number of the experimental material it was found that in the off spring of the indigenous Chechen willow leaf pear genotypes, the selection of a little more than 2% of seedlings with a very short juvenile period (2 years) was possible. They are of great interest in accelerating the breeding process and in the selection of new pear varieties with high precocity. 20 willow leaf pear genotypes were selected for the further use in breeding for high precocity and as sources of the trait of short juvenile period.


Author(s):  
Graeme D. Ruxton ◽  
William L. Allen ◽  
Thomas N. Sherratt ◽  
Michael P. Speed

Aposematism is the pairing of two kinds of defensive phenotype: an often repellent secondary defence that typically renders prey unprofitable to predators if they attack them and some evolved signal that indicates the presence of that defence. Aposematic signals often work to modify the behaviours of predators both before and during attacks. Warning coloration, for example, may increase wariness and hence improve the chances that a chemically defended prey is released unharmed after an attack. An aposematic signal may therefore first tend to reduce the probability that a predator commences attack (a primary defence) and then (as a component of secondary defence) reduce the probability that the prey is injured or killed during any subsequent attack. In this chapter we will consider both the primary and the secondary effects of aposematic signals on prey protection. We begin first by describing the common features of aposematic signals and attempting to show the wide use to which aposematic signalling is deployed across animals (and perhaps plants too). We then review the interesting evolutionary issues aposematic signals raise, including their initial evolution and their integration with sexual and other signals. We also discuss important ecological, co-evolutionary, and macroevolutionary consequences of aposematism.


2010 ◽  
Vol 18 (4) ◽  
pp. 6-8
Author(s):  
Stephen W. Carmichael

Some of the receptors on the surface of cardiac muscle cells (cardiomyocytes) mediate the response of these cells to catecholamines by causing the production of the common second messenger cyclic adenosine monophosphate (cAMP). An example of such receptors are the β1- and β2-adrenergic receptors (βARs) that are heterotrimeric guanine nucleotide-binding protein (G protein)-coupled receptors. Selective stimulation of these two receptor subtypes leads to distinct physiological and pathophysiological responses, but their precise location on the surface of cardiomyocytes has not been correlated with these responses. In an ingenious combination of techniques, Viacheslav Nikolaev, Alexey Moshkov, Alexander Lyon, Michele Miragoli, Pavel Novak, Helen Paur, Martin Lohse, Yuri Korchev, Sian Harding, and Julia Gorelik have mapped the function of these receptors for the first time.


Religions ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 222
Author(s):  
Elaine M. Fisher

This article makes the case that Vīraśaivism emerged in direct textual continuity with the tantric traditions of the Śaiva Age. In academic practice up through the present day, the study of Śaivism, through Sanskrit sources, and bhakti Hinduism, through the vernacular, are generally treated as distinct disciplines and objects of study. As a result, Vīraśaivism has yet to be systematically approached through a philological analysis of its precursors from earlier Śaiva traditions. With this aim in mind, I begin by documenting for the first time that a thirteenth-century Sanskrit work of what I have called the Vīramāheśvara textual corpus, the Somanāthabhāṣya or Vīramāheśvarācārasāroddhārabhāṣya, was most likely authored by Pālkurikĕ Somanātha, best known for his vernacular Telugu Vīraśaiva literature. Second, I outline the indebtedness of the early Sanskrit and Telugu Vīramāheśvara corpus to a popular work of early lay Śaivism, the Śivadharmaśāstra, with particular attention to the concepts of the jaṅgama and the iṣṭaliṅga. That the Vīramāheśvaras borrowed many of their formative concepts and practices directly from the Śivadharmaśāstra and other works of the Śaiva Age, I argue, belies the common assumption that Vīraśaivism originated as a social and religious revolution.


2021 ◽  
Vol 5 (1) ◽  
pp. 43-51
Author(s):  
Jeong-A Jo

This study aims to examine the common features and differences in how the Chinese-character classifier ‘ ben 本’ is used in Chinese, Korean, and Japanese, and will explore the factors that have affected the categorization processes and patterns of the classifier ‘ ben 本.’ Consideration of the differences in the patterns of usage and categorization of the same Chinese classifier in different languages enables us to look into the perception of the world and the socio cultural differences inherent in each language, the differences in the perception of Chinese characters, and the relationship between classifiers.


2011 ◽  
Vol 11 (1) ◽  
pp. 155-176 ◽  
Author(s):  
Minna Kimpimäki

AbstractIn June 2010, a Rwandan citizen, Francois Bazaramba, was sentenced in a Finnish court of first instance, to life imprisonment for acts of genocide committed in Rwanda in 1994. This was the first time that the provisions of Finnish law dealing with genocide had ever been applied in a court. This article examines the details of this case, as well as the Finnish legislation on genocide, jurisdiction and extradition. Many of the questions considered in this article are not only typical for Finland, but have a more general bearing as well. For instance, the issues relating to the transfer or extradition of fugitives to Rwanda have recently been considered in several national and international jurisdictions. A trial conducted in a national court on the basis of universal jurisdiction reveals in a concrete way the advantages and disadvantages of this form of prosecution.


2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Evdoxia Efstathiadou ◽  
Georgia Ntatsi ◽  
Dimitrios Savvas ◽  
Anastasia P. Tampakaki

AbstractPhaseolus vulgaris (L.), commonly known as bean or common bean, is considered a promiscuous legume host since it forms nodules with diverse rhizobial species and symbiovars. Most of the common bean nodulating rhizobia are mainly affiliated to the genus Rhizobium, though strains belonging to Ensifer, Pararhizobium, Mesorhizobium, Bradyrhizobium, and Burkholderia have also been reported. This is the first report on the characterization of bean-nodulating rhizobia at the species and symbiovar level in Greece. The goals of this research were to isolate and characterize rhizobia nodulating local common bean genotypes grown in five different edaphoclimatic regions of Greece with no rhizobial inoculation history. The genetic diversity of the rhizobial isolates was assessed by BOX-PCR and the phylogenetic affiliation was assessed by multilocus sequence analysis (MLSA) of housekeeping and symbiosis-related genes. A total of fifty fast-growing rhizobial strains were isolated and representative isolates with distinct BOX-PCR fingerpriniting patterns were subjected to phylogenetic analysis. The strains were closely related to R. anhuiense, R. azibense, R. hidalgonense, R. sophoriradicis, and to a putative new genospecies which is provisionally named as Rhizobium sp. I. Most strains belonged to symbiovar phaseoli carrying the α-, γ-a and γ-b alleles of nodC gene, while some of them belonged to symbiovar gallicum. To the best of our knowledge, it is the first time that strains assigned to R. sophoriradicis and harbored the γ-b allele were found in European soils. All strains were able to re-nodulate their original host, indicating that they are true microsymbionts of common bean.


Author(s):  
Nooreddine Iskandar ◽  
Tatiana Rahbany ◽  
Ali Shokor

Abstract Background: Due to the common instability caused by political and security issues, Lebanese hospitals have experienced acts of terrorism multiple times. The most recent Beirut Explosion even forced several hospitals to cease operations for the first time in decades—but studies show the preparedness levels for such attacks in similar countries are low. Objective: The aim of this study is to explore the experience of Lebanese hospitals with terrorist attacks. Methods: This qualitative study used semi-structured interviews with various stakeholders to assess their experience with terrorist bombings. Data was analyzed using the thematic analysis method. Results: The researchers found that Lebanese hospitals vary greatly in their structures and procedures. Those differences are a function of 3 contextual factors: location, culture, and accreditation status. Hospitals found near ‘dangerous zones’ were more likely to be aware and to have better response to such events. A severe lack of communication, unity of command, and collaboration between stakeholders has made the process fragmented. Conclusion: The researchers recommend a larger role for the Ministry of Public Health (MOPH) in this process, and the creation of a platform where Lebanese organizations can share their experiences to improve preparedness and resilience of the Lebanese healthcare system in the face of terrorism.


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