Criminal Assignment.

2127 words - 9 pages ✓ Expert Reviewed
VIEW DOCUMENT
Preview

Criminal AssignmentDick should be advised that he could be liable for Indecent Assault. Although no force was used against the boy, creating fear is sufficient and the boy may have been frightened of Dick. However, Dick will be strictly liable under the Indecency with Children Act 1960. By s.1 of this statute "any person who commits an act of gross indecency with or towards a child under the age of fourteen, or who incites a child under that age to such an act with him or another, shall be liable". Dick could not argue consent because under this act the boy is too young. Speck (1977) 2 ALL ER 859. There is no requirement that the victim, for example, accepts the accused's invitation to handle his penis. The offence is committed even when the child does nothing. The offence is one of strict liability as to the age of the victim B v DPP (1998) 4 ALL ER 465 (DC).Dick may also be liable under s.47 of the Offences Against the Person Act 1861 for Actual Bodily Harm and Battery. Dick has demonstrated an unlawful display of force against Jasmin which caused her to apprehend immediate and unlawful violence (the requirement for actual bodily harm) with the consequence of a broken nose. In Miller (1954) 2 QB 282 it was defined as, any hurt or injury likely to interfere with the health or comfort of the victim (the hurt or injury need not be permanent or serious but must be more than trifling). Dick did not have Jasmin's permission to touch her, which is an element of battery. Battery can be defined as "any intentional touching without the consent of that person and without lawful excuse. It need not necessarily be hostile, rude or aggressive" per Lord Lane CJ in Faulkner v Talbot (1981) 1 WLR 1528. When Dick Punched Jasmin to the floor, his actions were reckless, he may argue that he never intended to break Jasmin,s nose but based on the case of R v Roberts (1978) Crim LR this would be an unsuccessful argument. In this case the defendant gave a lift in his car to a girl. During the journey he made unwanted sexual advances, touching the girl's clothes. Frightened that he was going to rape her, she jumped out of the moving car, injuring herself. This act had caused her to suffer actual bodily harm. The defendant argued that he lacked the Mens Rea of the offence, because he had neither intended to cause her actual bodily harm, nor seen any risk of her suffering actual bodily harm as a result of his advances. This argument was rejected, the court held that the mens rea for battery was sufficient in itself, and there was no need for any extra mens rea regarding the actual bodily harm. This point was confirmed in Savage and Parmenter (1991) 1 AC 699. The only defence available to Dick would be self -defence and the prevention of crime - "reasonable force". It is a question for the jury, would a reasonable man have used the same...

Find Another Essay On Criminal Assignment.

The Pros And Cons Of Criminology

642 words - 3 pages data are Experimental Research, Observational and Interview Research, Data Mining, Crime Mapping, Meta-Analysis and Systematic Review, and Cohort Research. These gathering techniques gather information on specific crime problems and trends, examine the lives of criminal offenders, and assess the effectiveness of crime control (CITATION). Cohort studies have been used in many different types of studies. many advantages and disadvantagesTHESIS...

bankruptcy in Canada Essay

710 words - 3 pages Assignment Three Question One: What (if any) act(s) of bankruptcy did Mr. X commit? According to the Federal Bankruptcy and Insolvency Act (the “BIA”), section 42.(1)(a), Mr. X committed an act of bankruptcy as he “...in Canada or elsewhere he makes (made) an assignment of his property to a trustee for the benefit of his creditors generally, whether it is an assignment authorized by this Act or not;” he gave his car to his daughter, which...

Academic Research Resources

1597 words - 6 pages for getting illustrations of various data that could enhance a written assignment or a PowerPoint presentation (Bureau of Justice Statistics, All Key Facts, 2011). The FAQs page has a variety of simple faqs pertaining to a certain topic. BJS addresses data they do and do not have within the FAQs (Bureau of Justice Statistics, All FAQs, 2011). BJS provides access to a great deal of information that is very relevant to criminal justice...

History And Effectiveness Of Victim Rights Legislation And Programs

1546 words - 6 pages Victim’s Rights Policy All the components of the criminal justice have the same goal in mind: preventing and fighting crime. Preventing and fighting crime also includes providing services for the victims of the crimes. Although the main focus on the criminal justice system is to arrest, prosecute and rehabilitate the criminal, many forget to focus on the victim. The National Organization for Victims Assistance was found in 1975 and is the...

Complimentary Will Vs Determinism.

1413 words - 6 pages hope we can all be the master's of our own destiny.REFERENCE LIST:Bartol, C.R. Criminal Behaviour: A psychosocial approach (4th ed.) Englewood Cliffs, NJ: Prentice-Hall Inc.Campbell, J. An introduction to Criminology and Criminal Behaviour (2nd ed.) Sydney, Australia: Thomson PublishingWilliams, K.S. Criminology (3rd ed.) Aldine Place, London: Blackstone PressCriminologicalTheoriesAssignment 1Free will v Determinism...

Assignment 4 – Crimes Against Property

1538 words - 6 pages “see” an individual conceal merchandise, switching price tags, or attempting to repackage merchandise before they can approach them. Simply approaching a customer based on a hunch or on the word of another shopper is not enough. False accusations, improper detaining, and excessive force could result in a law suit and should be avoided at all costs. Assignment 4 – Crimes Against Property III. Home Invasion Many states have made home invasion a...

Review Of Marketing Standards For The Initial Year Students

803 words - 3 pages Marking the assignments I was reading the literature about correct essay writing in law. First I was reading information about how the legal essay supposed to be written. Then, I was reading essays for assessment and making conclusions on which it is written.I will review in my assignment which standards I followed to mark essays of both students. Then I will turn to their...

Pay It Forward...

1227 words - 5 pages knowing his father, while his mother fights with poverty and alcoholism. One day his teacher gives the entire class an assignment; he gives them an assignment to think about an idea that will revolutionize the world... and that's where the story begins. The book is written in the form of diary, taken from diaries of many characters that we meet during the course of the story. The book is very sentimental, and yet realistic.Summary One day Trevor...

The Selection And Role Of A Jury In An Unlawful Trial

946 words - 4 pages The Selection and Role of a Jury in a Criminal Trial This assignment focuses on how a jury is selected and its role in a criminal trial. The advantages and disadvantages of using a jury to decide the outcome of a criminal case will also be considered. A Jury is chosen at random, by a computer using names on the electoral...

Criminal Activity

1629 words - 7 pages Answers 1. The philosophies of adult criminal justice system and juvenile justice system are different. The juvenile justice focuses on individual rehabilitation, whereas criminal justice system focuses on crime control and proportional punishment (Kurlycheck and Johnson, 2010). Considering this fact, we must exclude punitive measures from the system, and we must think over rehabilitative programs that will set things right. In answering the...

The Advantages And Disadvantages Of Internet Among Students In Higher Education

787 words - 3 pages they are too engrossed in their virtual reality. They really believe that by using the Internet, their works become smooth especially in students live as they are always need to google the information for their assignment task. One of its advantage is that internet can make students solve their problems easily. They can find various type of information only by typing what they want to know. The university students maybe not really have the...

Other Criminal Assignment. Essays

Assignment: Punishment Research Paper Statistics Show That There Is A High Rate Of Criminal Recidivism In The United States. This Raises The Question, "Does Punishment Deter Crime?"

993 words - 4 pages citizens.Next is justification for punishment is through rehabilitation. This program was designed to reform the offender to prevent later offenses. This idea rose among social sciences in thePunishment Research Paper 4nineteenth century that proved to be an effective solution. If you can control the environment that a criminal or lawbreaker of some sort lives in, you can deviate from his normal society. Reformatories or houses of...

Criminal Liability And The Application Of Force

1628 words - 7 pages state has statute verbiage that specifically addresses intent. Law enforcement must show that a perpetrator intended to persuade another to commit a criminal act or they intended to be involved in the Assignment 2 – Criminal Liability and the Use of Force commission of the act (Net Industries, 2014). Often times there are additional verbiage requiring corroboration of that intent. Corroboration could be in the form of an eyewitness or other...

Sentencing Essay

1299 words - 5 pages § 1111 (Gardner & Anderson, 2012, p. 264). Assignment 3 - Sentencing VI. Conclusion Justifications for punishment as related to sentencing are retribution, rehabilitation, deterrence, and incapacitation. Laws that apply to sentencing are designed to protect our rights, protect society from those seeking to do harm, and to prevent the inclusion of revenge by prohibiting sentences that are disproportionate to the crimes committed. Our criminal...

Criminal Sentencing Essay

1312 words - 5 pages Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor...