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Together with an actus reus, mens rea forms the bedrock of criminal law, although strict liability offenses have encroached on this notion. A guilty mind means intending to do that which harms someone. Intention under criminal law is separate from a person's motive. R v Mohan [1975] 2 All ER 193, intention defined as "a decision to bring about...
For example, the crime of theft has a fixed maximum of seven years imprisonment. Some offences have a maximum of life imprisonment: these include manslaughter and rape . In such cases, the judge has complete discretion when sentencing: the offender may be sent to prison or receive a shorter term, or a non-custodial sentence may passed.
This is a criminal law version of the civil law principle volenti non fit injuria (Latin for consent does not make an [actionable] injury) and the victim consents to run the risk (not the certainty) of injury arising within the rules of the game being played. This does not give sport a license to enact rules permitting acts that are clearly ...
This is a list of judgments given by the Supreme Court of the United Kingdom between the court's inception on 1 October 2009 and the most recent judgments. Cases are listed in order of their neutral citation and where possible a link to the official text of the decision in PDF format has been provided.
Voluntary intoxication, where a defendant has wilfully consumed drink or drugs before committing acts which constitute the prohibited conduct of an offence, has posed a considerable problem for the English criminal law. There is a correspondence between incidence of drinking and crimes of violence, such as assaults and stabbings.
In English law, diminished responsibility is one of the partial defenses that reduce the offense from murder to manslaughter if successful (termed "voluntary" manslaughter for these purposes). This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 of the Mental Health Act 1983 to ensure treatment rather ...
In addition to the statutory tests for exclusion of bad character evidence the power to exclude evidence under section 78 PACE 1984 [15] Police and Criminal Evidence Act 1984 is not affected by the Criminal Justice Act 2003 provisions (House of Lords, Hansard, 19 November 2003, Col. 1988). Both provisions exist alongside one another.
The verdict means that the killing was done without lawful excuse and in breach of criminal law. This includes murder , manslaughter , infanticide and causing death by dangerous driving . A verdict of unlawful killing generally leads to a police investigation, with the aim of gathering sufficient evidence to identify, charge and prosecute those ...