September 18, 2008 Unintentional Killings: Unjustified Risk-Taking The result of unjustified risk-taking Bottom end of the culpability scale is mere civil liability for a wrongful death, where there may be incontestable fault and perhaps heavy civil liabi
Running Head: CASE STUDY
This bill was proposed as an act to amend sections 76010, 92660,
90001.5 and 66019.3 of the educational code, pertaining to post-secondary
education and was proposed by Gi
: CRIMINAL LAW AND PROCEDURE 1. Definition: Although it is difficult to
attempt an accurate definition of a crime, or .
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THE OPEN UNIVERISTY OF TANZANIA
FACULTY OF LAW
OLW 102: CRIMINAL LAW AND PROCEDURE
COURSE OUTLINE AND READING LIST
CHAPTER 120 THE
PENAL CODE ACT.
Arrangement of Sections.
General rule of construction.
Saving of certain laws.
CHAPTER IITERRITORIAL APPLICATION OF THE CODE.
Extent of jurisdiction of courts.
Acts in which respect of judicial review is available.
Decisions affecting the rights of the subjects.
Decision imposing legal sanctions.
Decisions affecting personal liberty.
Decisions affecting livelihood and
1. MODES OF PARTICIPATION
A) THE PRINCIPAL
The principal is the one whose act is the most immediate cause of the actus reus, ie the defendant who has
actually committed the offence in question. For example, the person who, with mens rea, pulls the trigger
THE LAW OF SALE OF GOODS
The law relating to sale of goods is principally governed by the Sale of Goods Act
(SOGA), Cap 82.
The general principles that relate to contracts e.g. offer, acceptance, consideration, etc.
apply to a contract of sale of goods an
November 27, 2008 3. Intoxication Two legally relevant forms of intoxication in the criminal law: Voluntary and Involuntary Voluntary intoxication neither exonerates nor excuses criminal conduct. Commonwealth v. Graves Supreme Court of Pennsylvania, 1975
November 20, 2008 5. Necessity (Choice of Evils) a. General Principles Nelson v. State Supreme Court of Alaska, 1979 Law: A defence exists only when natural forces create a situation wherein it becomes necessary for a person to violate the law in order to
November 13, 2008 Two Types of Defences: Justification: Self Defence You were justified in your actions, dont want people to commit crimes, but you were justified in what you did. Excuse: Insanity What you did was wrong, but we will excuse you anyways, do
November 6, 2008 Chapter 5 Mens Rea A. Nature of Mens Rea US v. Cordoba-Hincapie US District Court E.D. NY, 1993 Mens rea means a guilty mind; a guilty or wrongful purpose; a criminal intent An act does not make the doer of it guilty, unless the mind be g
October 30, 2008 E. Conspiracy 1. General Principles People v. Carter Supreme Court of Michigan, 1982 Conspiracy: a partnership in criminal purposes, a mutual agreement or understanding express or implied between two or more persons to commit a criminal a
October 23, 2008 Inchoate Offences: Attempt Conspiracy Solicitation B. Attempt Dont punish for the act alone. The action of loading a weapon is ambiguous Actus reus of sitting in a bush with a gun heightens her mens rea and dealing with an attempt. If we
October 16, 2008 Embezzlement Rex v. Bazeley Central Criminal Court, 1799 Law: A breach of trust cannot, the rules of the common law, be converted into a felonious taking. Facts: Bazeley is the principle teller at the bank. Bs duty was to receive and pay
October 9, 2008 Chapter 12 Theft A. Larceny: the unlawful taking and carrying away of someone elses personal property with the intent to deprive the possessor of it permanently. 1. Actus Reus a. Trespassory Taking (Caption) and Carrying Away (Asportation)
October 2, 2008 Burglary: Breaking and entering (actus reus) the dwelling house of another at night with the intent to commit a felony therein (mens rea). Breaking: To create a breach or an opening. CL says that if someone came in created an opening, open
September 4, 2008
Introduction: Setting the Stage
A. Nature, Sources and Limits of the Criminal Law (p. 1-6) Henry M Hart Jr.- The Aims of the Criminal Law The characteristics of the method of criminal law: Operates by a series of directions or
September 25, 2008 Chapter 8 Rape Common Law Definition of Sex Offences: Carnal knowledge (penetration however slight) of a woman (unmarried to each other, only women can be a V of rape, only men can be D), by force (in order to prove force, V had to show
September 11, 2008 Chapter 5 Mens Rea Elements of a crime: Mens Rea- the mental element, what you think Actus Reus- the physical act based on the mens rea Causation- action (actus reus) and thoughts (mens rea) have to cause harm, factual analysis of what