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Omission (criminal Law)
In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an '' actus reus'' and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act or duty of care. Criminal law In the criminal law, at common law, there was no general duty of care owed to fellow citizens. The traditional view was encapsulated in the example of watching a person drown in shallow water and making no rescue effort, where commentators borrowed the line, "Thou shalt not kill but needst not strive, officiously, to keep another alive." ( Arthur Hugh Clough (1819–1861)) in support of the proposition that the failure to act does not attract criminal liability. Nevertheless, such failures might be mora ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anorexia Nervosa
Anorexia nervosa, often referred to simply as anorexia, is an eating disorder characterized by low weight, food restriction, body image disturbance, fear of gaining weight, and an overpowering desire to be thin. ''Anorexia'' is a term of Greek origin: ''an-'' (ἀν-, prefix denoting negation) and ''orexis'' (ὄρεξις, "appetite"), translating literally to "a loss of appetite"; the adjective ''nervosa'' indicating the functional and non-organic nature of the disorder. ''Anorexia nervosa'' was coined by Gull in 1873 but, despite literal translation, the feeling of hunger is frequently present and the pathological control of this instinct is a source of satisfaction for the patients. Individuals with anorexia nervosa have a fear of being overweight or being seen as such, although they are in fact underweight. The DSM-5 describes this perceptual symptom as "disturbance in the way in which one's body weight or shape is experienced". In research and clinical settings, thi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hospital
A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emergency department to treat urgent health problems ranging from fire and accident victims to a sudden illness. A district hospital typically is the major health care facility in its region, with many beds for intensive care and additional beds for patients who need long-term care. Specialized hospitals include trauma centers, rehabilitation hospitals, children's hospitals, seniors' (geriatric) hospitals, and hospitals for dealing with specific medical needs such as psychiatric treatment (see psychiatric hospital) and certain disease categories. Specialized hospitals can help reduce health care costs compared to general hospitals. Hospitals are classified as general, specialty, or government depending on the sources of income received. A teachi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physician
A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the study, diagnosis, prognosis and treatment of disease, injury, and other physical and mental impairments. Physicians may focus their practice on certain disease categories, types of patients, and methods of treatment—known as specialities—or they may assume responsibility for the provision of continuing and comprehensive medical care to individuals, families, and communities—known as general practice. Medical practice properly requires both a detailed knowledge of the academic disciplines, such as anatomy and physiology, underlying diseases and their treatment—the ''science'' of medicine—and also a decent competence in its applied practice—the art or ''craft'' of medicine. Both the role of the physician and the meaning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was published on Saturday 26 March 2016, leaving only the online edition. The newspaper was controlled by Tony O'Reilly's Irish Independent News & Media from 1997 until it was sold to the Russian oligarch and former KGB Officer Alexander Lebedev in 2010. In 2017, Sultan Muhammad Abuljadayel bought a 30% stake in it. The daily edition was named National Newspaper of the Year at the 2004 British Press Awards. The website and mobile app had a combined monthly reach of 19,826,000 in 2021. History 1986 to 1990 Launched in 1986, the first issue of ''The Independent'' was published on 7 October in broadsheet format.Dennis Griffiths (ed.) ''The Encyclopedia of the British Press, 1422–1992'', London & Basingstoke: Macmillan, 1992, p. 330 It was produc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Children And Young Persons Act 1933
The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales into one act. It was preceded by the Children and Young Persons Act 1920 and the Children Act 1908. It is modified by the Children and Young Persons Act 1963, the Children and Young Persons Act 1969 and the Children and Young Persons Act 2008. Content The Children and Young Persons Act 1933 raised the minimum age for execution to eighteen, raised the age of criminal responsibility from seven to eight, included guidelines on the employment of school-age children, set a minimum working age of fourteen, and made it illegal for adults to sell cigarettes or other tobacco products to children. The act is worded to ensure that adults and not children are responsible for enforcing it. In 1932 a 16 year juvenile Harold Wilkins w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Damage Act 1971
Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally restricted to the payment of damages by way of compensation. As time passed, specific laws were introduced to deal with particular situations as they were judged to require intervention, most particularly alongside the rise of mechanisation and urbanisation during the Industrial Revolution. The modern law of criminal damage is mostly contained in the Criminal Damage Act 1971, which redefines or creates several offences protecting property rights. The Act provides a comprehensive structure covering merely preparatory acts to the most serious offences of arson and causing damage with intent to endanger life. As such, punishments vary from a fixed penalty to life imprisonment, and the court may order payment of compensation to a victim. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Miller
''R v Miller'' ( case citation: 982UKHL 6; 9832 AC 161) is an English criminal law case demonstrating how actus reus can be interpreted to be not only an act, but a failure to act. Facts James Miller, a vagrant, was squatting at 9 Grantham Road, Sparkbrook, an inner-city area in Birmingham, England, in August 1980 when he accidentally set fire to the mattress on which he was sleeping with a cigarette butt. Rather than taking action to put out the fire, he moved to a different room; the fire went on to cause extensive damage to the cost of £800. He was subsequently convicted of arson, under Sections 1 and 3 of the Criminal Damage Act 1971. Miller's defence was that there was no actus reus coinciding with mens rea. Although his reckless inattention to the fire could be said to constitute mens rea, it was not associated with the actus reus of setting the fire. Nevertheless, the defendant was convicted for recklessly causing damage by omission. Judgment Upon appeal to the House o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Road Traffic Act 1988
The Road Traffic Act 1988 (c. 52) is an Act of the Parliament of the United Kingdom, concerning licensing of vehicles, insurance and road regulation. Contents Part I contains a number of traffic offences including causing death by dangerous driving, driving under the influence of alcohol or drugs (including police powers to arrest, administer tests, etc.), as well as requirements to wear seat belts and motorcycle helmets. Part II is concerned with regulating the construction and use of motor vehicles, and includes powers to test, inspect and prohibit vehicles that do not meet standards. Part III sets out the law on driving tests, the requirements for issuing driving licences, and the process for disqualifying drivers. Part IV deals with the licences required for driving large goods vehicles and passenger-carrying vehicles (buses and coaches). Part V concerns the registration, licensing and examination of driving instructors. Part VI contains provisions concerning compulsor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1978
The Theft Act 1978 (c 31) is an Act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006. Section 1 - Obtaining services by deception This section created the offence of obtaining services by deception. It was repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006. As amended by the Theft (Amendment) Act 1996, it read: :(1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence. :(2) It is an obtaining of services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for. :(3) Without prejudice to the generality of subsection (2) above, it is an obtaining of services where the other is induced to make a loan, or to caus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1968
The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The Theft Act 1968 resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968, was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The definition of theft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deception (criminal Law)
"Deception" was a legal term of art used in the definition of statutory offences in England and Wales and Northern Ireland. It is a legal term of art in the Republic of Ireland. Until 2007, in England and Wales, the main deception offences were defined in the Theft Act 1968 and the Theft Act 1978. The basic pattern of deception offences was established in the Theft Act 1968, and was then amended in the Theft Act 1978 and the Theft (Amendment) Act 1996 which addressed some of the problems that had arisen in the enforcement of the law. England and Wales Definition Section 15(4) of the Theft Act 1968 read: :For the purposes of this section "deception" means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person. This definition applied to the following offences: *obtaining property by deception, contrary to section 15 of the Theft Act 1968 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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