R V Clarkson (David)
''R v Clarkson (David) (1971) 55 Cr. App. Rep. 445'' is an English criminal law case, dealing with aiding and abetting and accessorial liability. The court ruled that for aiding and abetting to have taken place, there must be evidence of active encouragement of the crime. The defendant watched as a woman was raped three times although there was no evidence that he encouraged the action. Since there is no offence of omission in English law unless a duty of care In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establi ... is present, the defendant's actions were not indictable, and his appeal was successful. See also * '' R v. Coney'' (1882) C 1971 in England 1971 in United Kingdom case law Court of Appeal (England and Wales) cases {{crime-stub ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Aiding And Abetting
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if they are not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, committing a crime in exchange of a commission or compensation, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". Canada In Canada, a person who aids or abets in the commission of a crime is treated the same as a principal offender under the criminal law. Section 21(1) of the ''Criminal Code'' provides that: :Every one is a party to an offence who ::(a) actually commits it ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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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]   |
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Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Deve ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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1971 In England
* The year 1971 had three partial solar eclipses (Solar eclipse of February 25, 1971, February 25, Solar eclipse of July 22, 1971, July 22 and Solar eclipse of August 20, 1971, August 20) and two total lunar eclipses (February 1971 lunar eclipse, February 10, and August 1971 lunar eclipse, August 6). The world population increased by 2.1% this year, the highest increase in history. Events January * January 2 – 66 people are killed and over 200 injured 1971 Ibrox disaster, during a crush in Glasgow, Scotland. * January 5 – The first ever One Day International cricket match is played between Australia and England at the Melbourne Cricket Ground. * January 8 – Tupamaros kidnap Geoffrey Jackson, British ambassador to Uruguay, in Montevideo, keeping him captive until September. * January 9 – Uruguayan president Jorge Pacheco Areco demands emergency powers for 90 days due to kidnappings, and receives them the next day. * January 12 – The landmark United ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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1971 In United Kingdom Case Law
* The year 1971 had three partial solar eclipses (February 25, July 22 and August 20) and two total lunar eclipses (February 10, and August 6). The world population increased by 2.1% this year, the highest increase in history. Events January * January 2 – 66 people are killed and over 200 injured during a crush in Glasgow, Scotland. * January 5 – The first ever One Day International cricket match is played between Australia and England at the Melbourne Cricket Ground. * January 8 – Tupamaros kidnap Geoffrey Jackson, British ambassador to Uruguay, in Montevideo, keeping him captive until September. * January 9 – Uruguayan president Jorge Pacheco Areco demands emergency powers for 90 days due to kidnappings, and receives them the next day. * January 12 – The landmark United States television sitcom ''All in the Family'', starring Carroll O'Connor as Archie Bunker, debuts on CBS. * January 14 – Seventy Brazilian political prisoners are release ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |