The objectives of a diminished responsibility law essay

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The objectives of a diminished responsibility law essay

Get Full Essay Get access to this section to get all help you need with your essay and educational issues. Theft Theft Act states that a person will be responsible of theft if he dishonestly appropriates property which is belonging to another with the purpose of permanently depriving the other of it.

For Actus Reus related to theft it can be that if a person in a business steals company files without having permission to do so, this means that the person would be committing theft and for this reason they can be found guilty.

For the Mens Rea of theft, the person must have been intended to steal something from the company such as the company files, this can be done due to get a member of staff in the company in trouble or to get them sacked. There was a case where a person was convicted of theft.

D was guilty since it was an illegal action to take. Fernandes, R v []. Obtaining property by deception Fraud Act states that you cannot gain property by giving incorrect information.

The Actus Reus of obtaining property by deception is that the person has committed the theft and should be found guilty of his actions. D lied to V by a false representation that he was the owner of the car and he entitled to sell it. Laverty, R v 3: Obtaining services by deception This is included in the Fraud Act it tells us that if you obtain services with the wrong information then the person who is blameworthy they would have to pay a fine or they could possibly be jailed.

The Actus Reus for deception is that a company orders a service but the service is not available to them. Along with Mens Rea it is that if the business has the right address but has the wrong business and if this is done purposely then the business will be obtaining services by deception.

There was a case where D made a claim whereas his mother was alive to Birmingham City Council Social Services to provide a bathroom for the assistance of his elderly and sick mother. Rai, R v 4: Making off without payment This consists of payment at the time of gathering goods on which a job has been done or in respect of which service has been supplied, this has been stated in the Theft Act in section 3.

This section is planned to look after genuine business concerns and it relates to where goods are supplied or it can be where a service is carried out on the basis that the payment will be made.

There was a case where D asked for a taxi driver to take him to a club which was 13 miles away. The taxi driver at first started to take them back to their hotel, and then he took them to the police station where D ran out of the taxi.

Aziz, R v Task 4: Describe the elements of liability for corporate manslaughter. Define the following offences, outlining the differences between them.

A Murder — This is the act of killing another human being; with malice aforethought. For example, there was a case D lost his temper with his three-month-old son and threw the child onto a hard surface, causing head injuries from which the child died RV Woollin The differences between the others are that murder is the intentional and planned act of murder.

A person should have thought about it, intended the murder and carried out the action. If the defendant succeeds with the defence, his responsibility is reduced from murder to manslaughter.

This manslaughter is described as voluntary, since there will have been evidence that the defendant did mean to kill or cause grievous bodily harm. The differences between the others are that voluntary manslaughter is when a murder is committed in the heat of the moment.

Provocation and Diminished Responsibility | Essay Example

There is no thought and generally no attempt to hide after the fact. The intention to kill was present at the time of the killing.Chapter 05 - Corporate Social Responsibility iii. We can say that the primary question of CSR is the extent to which business has social responsibilities that go beyond producing goods and services within the law.

Historically the primary objective for the insertion of the defence of diminished responsibility into the Criminal Code (Qld) was to mitigate the compulsory .

nal responsibility under Durham, the court in United States v. is being met and what objectives of the criminal law are being reinforced by the defense?"S 5.

The objectives of a diminished responsibility law essay

of "diminished" or "partial" responsibility?lO In the preface to the opinion the court announces that "the inter. How satisfactory is the law on voluntary manslaughter.

How satisfactory is the law on voluntary manslaughter? Voluntary manslaughter, as established by the Homicide Act , is determined by three sections: diminished responsibility, provocation, and suicide pact. Diminished responsibility is established by Section 2 of the Homicide Act.

In keeping with the U.S.

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National Security Council's strategy to combat transnational organized crime, the National Guard Bureau established the CTOC Center of Excellence (COE) to educate and train Combatant Commands, military services, federal agencies, state and local law enforcement, and community leaders.

An overview of English law of the defence of diminished responsibility. Contains a consideration of each of the elements which make up the defence with reference to decided case law.

Contains links to law reports and case summaries.

Cases for criminal law – Loss of control – LawEssay