Conviction and Sentencing of Offenders in New
... on New Zealand criminal court proceedings and sentencing, and is recognised as part of the
Tier 1 statistics in Statistics New Zealand’s official statistics programme.
The Ministry of Justice is committed to supplying high quality policy advice on a range of
criminal justice issues, and this report ...
Bullying - University of Tasmania
... able to address bullying behaviours, including cyberbullying. It discusses the legislative approaches
taken by other jurisdictions to address the problem of bullying and considers whether legislative
reform in Tasmania is necessary to deal with bullying and options for possible reform.
Part 1 is int ...
The Rhetoric of Motive and Intent
... and offered this principle to explain the exemption from
liability of infants and the insane.11 Although his treatise
was presented as a summary of existing law, Bracton
conditioned liability for theft on culpable mental states, at
a time when English law did not yet do so.12 Following
canonist writ ...
... Nullum crimen nulla poena sine lege – there is no crime when there is no law that defines and punishes
o We follow this here, so we don’t have common law crimes.
All laws must be interpreted liberally in favor of the accused and strictly against the state.
Equipoise rule: if the inculpatory fact ...
Neutral Citation Number:  EWCA Crim 2864
... listed in Parts 1 or 2 of Schedule 15 of the Act: violent offences range from murder to
affray and threats of various kinds and sexual offences for rape to exposure. It is to
be noted that the Sexual Offences Act 1956, which is referred to in identifying
offences numbered 66 to 92 of Part 2 of the S ...
Penalties and reconviction risk among offenders convicted of drug
... 2010). These behaviours and attitudes ought to be viewed
with significant concern. While there are many methodological
In 2010, 14.7 per cent of Australians aged 14 years or older
challenges associated with measuring the contribution of
reported using an illicit drug in the previous 12 months. Of
Fighting Environmental Crime in the UK
... environmental crimes, the Authors affirm that “[t]he criminal law can be used either to provide direct criminal
sanctions for environmental harm, or in a subsidiary and complementary role within a regulatory system. It tends
to be of greater influence when used in the second way. This is because the ...
FINALCATREPORT - Attorney
... or a confession, punishing him for an act he or a third person has committed or
is suspected of having committed, or intimidating or coercing him or a third
person, or for any reason based on discrimination of any kind, when such pain
or suffering is inflicted by or at the instigation of or with the ...
DBS - Radnorshire Healthy Friendships
... who will be working with vulnerable groups. There are also legal obligations for the
organisation to check the conviction status of those participating in a regulated activity
with children or vulnerable adults.
Healthy Friendships will apply for a DBS Criminal Records Check for:
All employees and ...
Consistency in Sentencing for Federal Offences
... fix ‘the boundaries within which future judges must, or even
ought, to sentence’. Past sentences ‘are no more than
historical statements of what has happened in the past.
They can, and should, provide guidance to sentencing
judges, and to appellate courts, and stand as a yardstick
against which to e ...
chapter one: defining and proving crimes
... 8. A(n) _________________________ admits that the defendant did the acts charged, but offers additional
facts that justify or excuse the defendant’s conduct.
9. A fact that must be inferred on the basis of certain predicate facts that have been proved is called
a(n) _________________________________ ...
For example in Police v Butler 
... and an infringement notice, some offenders may feel pressured to acknowledge
guilt and simply accept the infringement notice.14 The right to plead not guilty
will be counter-weighted by the risk of challenging the notice and a potentially
more serious sentence, a conviction and additional court fees ...
... -On its face, court doesn’t think it’s unconstitutional just b/c it deals with privacy
-Court rules that if the legislature wanted law void, it would act
-The court doesn’t have the power to say this is not a law, it’s just not how things work
-When courts do try enforcing something like this, it ge ...
A Challenge For Proportionality - Irish Sentencing Information System
... adjustments when necessary to reflect the overall gravity of the case.11 This can usually
be achieved by ordering one or more of the sentences to run consecutively to another,
leaving the remainder to be served concurrently with the resulting cumulative sentence.
Serial child sexual abuse does, of c ...
Criminal State of Mind—Mens Rea
... the state need not prove any level of mens
rea on the part of the offender.
The rationale for strict liability crimes is
that, if the prosecution were required to
prove the mental element, convictions
would be so difficult to obtain that the
existence of the criminal statute would not
deter the cond ...
National Defence Act
... ( a) means a penitentiary established under Part I of the Corrections and Conditional Release Act,
( b) includes, in respect of any punishment of imprisonment for life or for two years or more imposed
outside Canada pursuant to the Code of Service Discipline, any prison or place in which a person
Extradition back to the UK
... serve a sentence (if the person has already been convicted).
In basic terms, the:
• accused is a person whom the CPS have authorised charges on a
full code test basis; and
• offence carries a sentence of imprisonment of twelve months or
more. While this covers the vast majority of offences investiga ...
Paper - Centre for Criminology
... Parties must criminalize 1) serious pollution (active or by omission) of
environmental media which causes death, injury or damage (including cases
where no damage occurred yet: “risk offences”); 2) illegal operation of
dangerous plants (with similar consequences); 3) illegal handling of nuclear
Criminal Law 1999 Generic Review
... 1. Omission as an “Act” .............................................................................................................................. 2
C. MENTAL STATE ................................................................................................................................... ...
Application Form 2017 DOC File
... Barring Service (DBS) which the School considers to be satisfactory. The School applies for an Enhanced Check for
Regulated Activity from the DBS (which includes a check of the Children's Barred List) in respect of all positions at
the School which amount to regulated activity. It is unlawful for th ...
Factsheet to the Mutual Assistance in Criminal
... cross-border crime. It will ensure that Singapore continues to be armed with effective
tools to combat transnational crime.
The amendments are summarised below:
i) Ease some requirements that foreign requests must satisfy before Singapore
can provide mutual legal assistance
Presently, requests to Si ...
Wilful Promotion of Hatred 319(2)
... prejudice or hate based on race, national or ethnic origin,
language, colour, religion, sex, age, mental or physical
disability, sexual orientation, or any other similar factor
... shall be deemed to be aggravating circumstances.
Inchoate offences in English law
Inchoate offences in English law are offences in England and Wales that cover illegal acts which have yet to be committed, primarily attempts to commit crimes, incitement to commit crimes, and conspiracy to commit crimes. Attempts, governed by the Criminal Attempts Act 1981, are defined as situations where an individual who intends to commit an offence does an act which is ""more than merely preparatory"" in the offence's commission. Traditionally this definition has caused problems, with no firm rule on what constitutes a ""more than merely preparatory"" act, but broad judicial statements give some guidance. Incitement, on the other hand, is an offence under the common law, and covers situations where an individual encourages another person to engage in activities which will result in a criminal act taking place, and intends for this act to occur. As a criminal activity, incitement had a particularly broad remit, covering ""a suggestion, proposal, request, exhortation, gesture, argument, persuasion, inducement, goading or the arousal of cupidity"". It was abolished by the Serious Crime Act 2007, but continues in other offences and as the basis of the new offence of ""encouraging or assisting"" the commission of a crime.Conspiracy is both a statutory and common law offence. In its statutory form, under the Criminal Law Act 1977, it consists of any agreement between two or more people to commit a criminal offence. Common law conspiracy, on the other hand, covers ""conspiracy to defraud"" and ""conspiracy to corrupt public morals"", although the latter has no substantive case law and is not seen as an offence that individuals are likely to be prosecuted for. All three inchoate offences require a mens rea of intent, and upon conviction, the defendant is sentenced as if they had succeeded in committing the attempted, incited or conspired crime in question.