Criminal Assignment.

2127 words - 9 pages

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 force in the circumstances? In my opinion it is unlikely that a reasonable man would have used the same force.Dick could also be liable...

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

Academic Research Resources Essay

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

Pay It Forward...

1227 words - 5 pages young boy, his mother Arlene and his handicap teacher Reuben St. Clair. The boy lives in a harsh reality of growing up without 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


1652 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 Selection and Role of a Jury in a Criminal 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

Covers controversial issue of the sterilisation of women under the age of 18 with an intellectual impairment.

1767 words - 7 pages PAGE 1INTRODUCTIONThis assignment covers the controversial issue of the sterilisation of young women underthe age of 18 with an intellectual impairment. All information in this assignment has beenbased on Australian literature, legislation and statistics.The issues concentrated on within this assignment will be based on procedures beingperformed on children without the appropriate authorisation. Involved are the decisionsmade on sterilisation

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

Career Research Essay.

3117 words - 12 pages program develops and tests proficiency in job related subjects that includes criminal law, federal court procedures, and use of firearms, physical fitness, and personal defensive tactics, driving skills, emergency medical procedures, protective security techniques and criminal investigations. Proficiency is measured through a series of scored practical exercises as well as written subject matter specific and comprehensive written examinations


2455 words - 10 pages Criminology Assignment This essay will analyse a contemporary Policy document policing in the 21st century: Reconnecting police and the people. It is a document presented by the secretary of state for the Home Department by Command for Her Majesty in July 2010. It will look at how some philosophies of punishment and models of criminal justice are convincing in explaining the methods and tactics used to formulate criminal justice policies as

Canadian Criminal Justice System

2284 words - 9 pages 'regular players' of the bail court and demonstrate how the current bail process essentially transforms the Canadian Criminal Justice System into a two-tier system where the affluent and powerful are able to receive preferential treatment over the poor. Observations I attended the Bail court on Monday, February 22 at the Ontario Court of Justice in Scarborough. After some searching, I found the court assignment sheet posted outside a clerk's office

Similar 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 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 correction provided settings where people could learn proper behavior. One common example of how rehabilitation is used today is when a drunk driver is convicted he may be sentenced to Alcoholics Anonymous

Criminal Liability And The Use 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