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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] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Birmingham
Birmingham ( ) is a city and metropolitan borough in the metropolitan county of West Midlands in England. It is the second-largest city in the United Kingdom with a population of 1.145 million in the city proper, 2.92 million in the West Midlands metropolitan county, and approximately 4.3 million in the wider metropolitan area. It is the largest UK metropolitan area outside of London. Birmingham is known as the second city of the United Kingdom. Located in the West Midlands region of England, approximately from London, Birmingham is considered to be the social, cultural, financial and commercial centre of the Midlands. Distinctively, Birmingham only has small rivers flowing through it, mainly the River Tame and its tributaries River Rea and River Cole – one of the closest main rivers is the Severn, approximately west of the city centre. Historically a market town in Warwickshire in the medieval period, Birmingham grew during the 18th century during the Midla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence. Australia Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". Australian Capital Territory The offence is created by section 24(1) of the Crimes Act 1900. New South Wales The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). South Australia Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below). H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DPP V Santana-Bermudez
''Director of Public Prosecutions v Santa-Bermudez'' Divisional Court of Queen's Bench Division of the High Court of Justice of England and Wales, considering an appeal by the Director of Public Prosecutions (England and Wales), Director of Public Prosecutions (DPP) in a criminal assault case. The defendant, Santa-Bermudez, had lied about the presence of sharp objects in his pocket when being searched by a female police constable and the constable was injured. The defendant was charged with assault occasioning actual bodily harm but he argued that as he had not actively committed any action that led to the injury, he lacked the required ''actus reus'' for the crime to have been committed. Although convicted at the magistrates' court, the defendant appealed to the Crown Court which found in his favour and dismissed the case. The DPP appealed to the High Court, which ruled that the defendant's willful omission, which put the constable in a dangerous situation, was sufficient ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in 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 i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
(), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in the common law−based criminal law jurisdictions of England and Wales, Canada, Australia, India, Kenya, Pakistan, Philippines, South Africa, New Zealand, Scotland, Nigeria, Ghana, Ireland, Israel and the United States of America. In the United States, some crimes also require proof of attendant circumstances and/or proof of a required result directly caused by the . Definitions The terms and developed in English law are derived from the principle stated by Edward Coke, namely, ("an act does not make a person guilty unless (their) mind is also guilty"); hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness in conjugation of thought () and action (). In order for an to be committed there ha ... [...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] |
Sparkbrook
Sparkbrook is an inner-city area in south-east Birmingham, England. It is one of the four wards forming the Hall Green formal district within Birmingham City Council. Etymology The area receives its name from Spark Brook, a small stream that flowed south of the city centre. It was later channelled and partially used for a canal. Politics Sparkbrook ward is represented by two Labour councillors on Birmingham City Council, Mohammed Azim and Shabrana Hussain. Its former independent councillor, Talib Hussain, was elected as a Liberal Democrat but resigned from the party after being sacked from the council's cabinet. Geography Project Champion Project Champion is a project to install a £3m network of 169 Automatic Number Plate Recognition cameras to monitor vehicles entering and leaving Sparkbrook and Washwood Heath. Its implementation was frozen in June 2010 amid allegations that the police deliberately misled councillors about its purpose, after it was revealed that it was b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
