...Legal Studies Essay "The only factor that a judge should consider when sentencing is the nature of the crime committed”. Discuss the validity of this statement. The Criminal Law (Sentencing Act) 1988 determines that during the process of sentencing an offender, the nature of any indictable offence must be taken into account by a judge, along with a range of aggravating and mitigating factors. Essentially the judge must order a sentence that is fair considering the gravity of the offence and the particular circumstances of the offender; this is known as the "principle of proportionality". Comprised of objective and subjective factors, aggravation and mitigation factors often encompass key aspects of a judge's ruling - as evident in most sentencing remarks; they play a pivotal role in ensuring that each guilty individual is sentenced appropriately. As outlined in section 29A of the South Australian Criminal Law (Sentencing Act) of 1988, the court may “indicate an appropriate range of penalties for a particular offence or offences of a particular class” and “indicate how particular aggravating or mitigating factors (or aggravating or mitigating factors of a particular kind) should be reflected in sentence.” True justice, in terms of sentencing, can only be achieved if consideration is given to the offender's criminal history, personal circumstances, and post-crime actions: the nature of the offender as well as the nature of the crime must be considered by the judge. As made...
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...Always discuss coincidence (Thabo Meli, Royall) and BRD (prosecution, differs for offence and defence) Chapter 5 – Homicide: Murder and Involuntary Manslaughter 5.1 Patterns of homicide 423 Study by A.Wallace. 1968-81 * -relationship of victim to offender. * -homicide is a crime that is socially, historically and culturally determined. * -homicide comprises a variety of offenders and victims in different social settings. * -Homicide in NSW is largely interpersonal in nature, rather than instrumental or ideological. * -Majority of interpersonal killings involved intimates. * -Homicide patterns reflect cultural norms. * -homicide is spontaneous rather than premeditated crime. * -Homicide offenders exhibit a wide range of moral culpability. 5.3 Murder S18 Crimes Act (1900) NSW S 18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years. (b) Every other punishable homicide shall be taken to be manslaughter. S 18 (2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall...
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...2424A STATUTORY INTERPRETATION: THE MEANING OF MEANING RMIT University, Melbourne School of Accounting and Law, Symposium on Statutory Interpretation Chapter House, St. Paul‟s Cathedral 13 August 2009. The Hon. Michael Kirby AC CMG RMIT UNIVERSITY, MELBOURNE SCHOOL OF ACCOUNTING AND LAW SYMPOSIUM ON STATUTORY INTERPRETATION CHAPTER HOUSE, ST. PAUL’S CATHEDRAL 13 AUGUST 2009 STATUTORY INTERPRETATION: THE MEANING OF MEANING The Hon. Michael Kirby AC CMG THE MAIN TASK OF MODERN LAWYERS Although we still describe ours as a common law system (to distinguish it from the countries of the civil law tradition), the label is now looking somewhat dubious. The distinctive feature of contemporary Australian law derives from the overwhelming importance of the laws made by or under parliament. I refer to statutes, regulations, by-laws, executive instruments, rules of court and all the other ways in which the written law now manifests itself. In my youth, the statutory law of the State of New South Wales was collected in twelve manageable volumes, supplemented by a threevolume index1. These books included many important statutes commencing in the colonial period, some of which, like the Crimes Act 1900 (NSW), still apply today. Past Justice of the High Court of Australia (1996-2009). President of the Institute of Arbitrators & Mediators Australia 1 R.J. McKay (ed.), The Public Acts of New South Wales 1924-1957, Vols.1-15, Law Book Co. Sydney 1958. 1 The volumes...
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...Disclaimer: The content in this report is provided for information purposes only. The views expressed herein are those of the author and do not purport to represent the position of the State of Victoria. Neither the author nor the State of Victoria accept any liability to any persons for the information (or the use of such information) which is provided in this review or incorporated into it by reference. The information in this Review is provided on the basis that all persons having access to it undertake responsibility for assessing the relevance and accuracy of its content. OCCUPATIONAL HEALTH AND SAFETY ACT REVIEW March 2004 Chris Maxwell TABLE OF CONTENTS TABLE OF CONTENTS ABBREVIATIONS ACKNOWLEDGEMENTS EXECUTIVE SUMMARY INTRODUCTION CHAPTER 1: A CONSULTATIVE INQUIRY CHAPTER 2: THE SAFETY CONSENSUS PART 1: NEW CHALLENGES FOR OHS 1 3 5 6 15 15 20 24 24 29 46 46 54 60 71 96 96 100 110 120 135 141 159 163 169 177 177 186 192 192 215 222 227 233 233 258 272 284 284 293 328 347 350 354 354 357 360 363 383 387 392 392 397 401 403 412 414 CHAPTER 3: THE CHANGING LABOUR MARKET CHAPTER 4: NEW AND EMERGING RISKS PART 2: CHAPTER 5: CHAPTER 6: CHAPTER 7: CHAPTER 8: PART 3: THE REGULATORY STRUCTURE A BIFURCATED AUTHORITY RELATIONS WITH GOVERNMENT THE NEED FOR A TRIPARTITE MECHANISM DUPLICATION AND THE REGULATORY BURDEN GENERAL DUTIES: SCOPE AND LIMITS ...
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...* * Child Molestation and Homosexuality Ann Landers used to proclaim that the statement “Homosexuals are more inclined to molest children sexually than heterosexuals” is false.1 The American Psychological Association sponsored a work asserting: “Recognized researchers in the field on child abuse,… almost unanimously concur that homosexual people are actually less likely to approach children sexually.”2 Why is it, then, that we read about sex between boys and men in every newspaper? Does it merely reflect sensationalist journalism? We know that heterosexual molestation also occurs. But since there are so many more heterosexuals than homosexuals, which kind of child molestation — homosexual or heterosexual — is proportionately more common? The Scientific Evidence Three kinds of scientific evidence point to the proportion of homosexual molestation: 1) survey reports of molestation in the general population, 2) surveys of those caught and convicted of molestation, and 3) what homosexuals themselves have reported. These three lines of evidence suggest that the 1%-to-3% of adults who practice homosexuality3account for between a fifth and a third of all child molestation. Reports of Molestation by the General Population In 1983, a probability survey of the sexual experiences of 4,340 adults in five U.S. cities found that about 3% of men and 7% of women reported sexual involvement with a man before the age of 13 (i.e., 30% was homosexual).4 In 1983-84, a random survey...
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...3 Учреждение образования «Брестский государственный университет имени А. С. Пушкина» Кафедра английского языка с методикой преподавания М. В. Гуль EDUCATIONAL SYSTEM. COURTS AND TRIALS СИСТЕМЫ ОБРАЗОВАНИЯ И ПРАВОСУДИЯ ВЕЛИКОБРИТАНИИ И США Практикум по английскому языку Для студентов 4-го курса гуманитарных и педагогических специальностей (специальность 1-21 06 01-01, современные иностранные языки специальность 1-02 03 06, иностранные языки (английский, немецкий)) БрГУ имени А. С. Пушкина Брест 2009 4 УДК 372.016 : 811.111(076) ББК 74.268.1(Англ)р Г94 Рецензенты: Кандидат филологических наук, доцент кафедры иностранных языков технических специальностей БГТУ Д. В. Новик Зав. кафедрой кафедрой иностранных языков второй специальности БрГУ имени А. С. Пушкина, доцент В. М. Иванова Практикум направлен на совершенствование навыков и развитие умений диалогической и монологической речи по темам: система образования, система правосудия Великобритании и США, а также на совершенствование письменной компетенции студентов. Каждый раздел содержит тематический словарь, ряд упражнений на закрепление лексики, достаточное количество текстов по теме, упражнения на повторение. Практикум предназначен для аудиторной и самостоятельной работы студентов 4-го курса, изучающих английский язык как основную специальность. 5 Educational System (the USA and the UK) Topical Vocabulary Nursery school, kindergarten, elementary school, high school (junior, senior), secondary school...
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...EDUCATION AND TRAINING LEGAL AND EThICAL IssUEs Of EUThANAsIA: ARGUmENTATIvE EssAy Bilal S. H. Badr Naga Majd T. Mrayyan (1) Bilal S. H. Badr Naga., MSN, RN, Prince Sultan Cardiac Center in Qassim, Saudi Arabia (2) Majd T. Mrayyan., Prof, RN, The Hashemite University, Jordan Correspondence: Bilal S. H. Badr Naga., MSN, RN, Prince Sultan Cardiac Center in Qassim, Saudi Arabia Email: Bilal_badrnaga@yahoo.com Case scenario Abstract Euthanasia is one of the issues that has been the subject of intense debate over time. It has been a pertinent issue in human rights discourse as it also affects ethical and legal issues pertaining to patients and health care providers. This paper discusses the legal and ethical debates concerning both types of euthanasia. It focuses on both the supporter of euthanasia and the opponent of euthanasia. Several statements for the Euthanasia argument arediscussed: a merciful response that alleviates the suffering of patients which is sometimes wrongly perceived to be otherwise unrelievable; the autonomy in which the patient has the right to make his own choices; the regulation and legislation of existing practices of euthanasia to protect health care providers and patients. In this heated debate religious, political, ethical, legal and personal views are also included. Among all these, those who desperately want to end their lives because they simply cannot go on in any way, are the ones who suffer. Every individual or group has a different viewpoint...
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...work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited by John Jackson, Máximo Langer and Peter Tillers Published in North America (US and Canada) by Hart Publishing c/o International Specialized...
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...[pic] Frank G. Madsen Queens’ College University of Cambridge International Monetary Flows of Non-Declared Origin This dissertation is submitted to the University of Cambridge to Fulfil the Requirements for the Degree of Doctor of Philosophy April 2008 Ambrogio Lorenzetti, Effetti del Buon Governo Siena, Palazzo Pubblico Sala dei Nove 1337-1340 Declaration This dissertation is the result of my own work and includes nothing, which is the outcome of work done in collaboration. Chapter 3, “Complexity, TOC and Terrorism”, was presented in an embryonic form at the ISA conference in Chicago, USA, March 2007. Chapter 4, “Organised Crime”, is the further elaboration of a chapter of the same title published in 2007 in the Oxford Handbook on the United Nations Statement of Length The dissertation does not exceed the word limit of 80,000 words Fieldwork Thailand (money laundering); Indonesia and Burma (deforestation); New York (US money supply); Washington DC and Fort Worth, Texas (Organised Crime linked to terrorist funding); Australia (Sydney, (APG) and Canberra (money laundering, South Pacific); and Rome, Italy (Chinese organised crime). Contact Frank.Madsen@cantab.net Abstract Through an analysis of the presence and nature of international monetary flows of non-declared origin and their relation to deviant knowledge, the thesis...
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...Bloom’s Classic Critical Views W i l l ia m Sha k e Sp e a r e Bloom's Classic Critical Views alfred, lord Tennyson Benjamin Franklin The Brontës Charles Dickens edgar allan poe Geoffrey Chaucer George eliot George Gordon, lord Byron henry David Thoreau herman melville Jane austen John Donne and the metaphysical poets John milton Jonathan Swift mark Twain mary Shelley Nathaniel hawthorne Oscar Wilde percy Shelley ralph Waldo emerson robert Browning Samuel Taylor Coleridge Stephen Crane Walt Whitman William Blake William Shakespeare William Wordsworth Bloom’s Classic Critical Views W i l l ia m Sha k e Sp e a r e Edited and with an Introduction by Sterling professor of the humanities Yale University harold Bloom Bloom’s Classic Critical Views: William Shakespeare Copyright © 2010 Infobase Publishing Introduction © 2010 by Harold Bloom All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval systems, without permission in writing from the publisher. For more information contact: Bloom’s Literary Criticism An imprint of Infobase Publishing 132 West 31st Street New York NY 10001 Library of Congress Cataloging-in-Publication Data William Shakespeare / edited and with an introduction by Harold Bloom : Neil Heims, volume editor. p. cm. — (Bloom’s classic critical views) Includes bibliographical references...
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