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R V G
''R v G'' 003is an English criminal law ruling on reckless damage. For which various offences it held that the prosecution must show a defendant subjectively appreciated a particular risk existing or going to exist to the health or property of another, and the damaging consequence, but carried on in the circumstances known to him unreasonably (to this latter stage of thought an objective test continues to apply) taking the risk. It abolished the "objective recklessness" test set out in ''R v Caldwell''. Facts Two boys, aged 11 and 12 years, were camping without their parents' permission when they entered the back yard of a shophouse, the co-op, of Newport Pagnell in the early hours of the morning. Lighting some newspapers they found there, they left, with the papers still burning. The newspapers set fire to nearby rubbish bins against the wall, where fire spread up and on to the roof. Approximately £1m damage was caused. The children and their defence team argued they expected ...
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Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ...
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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 ...
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R V Caldwell
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 the ...
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Newport Pagnell
Newport Pagnell is a town and civil parish in the City of Milton Keynes, Buckinghamshire, England. The Office for National Statistics records Newport Pagnell as part of the Milton Keynes urban area. It is separated from the rest of the urban area by the M1 motorway, on which Newport Pagnell Services, the second service station to be opened in the United Kingdom, is located. The town is more widely known for having the only remaining vellum manufacturer in the United Kingdom, and being the original home of the exclusive sports car manufacturer Aston Martin. History The town was first mentioned in the Domesday Book of 1086 as ''Neuport'', Old English for 'New Market Town', but by that time, the old Anglo-Saxon town was dominated by the Norman invaders. The suffix 'Pagnell' came later when the manor passed into the hands of the Pagnell (Paynel) family. It was the principal town of the " Three Hundreds of Newport", a district that had almost the same boundary as the modern Ci ...
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Defense Of Infancy
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed. Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax'. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7–13 were presumed incapable ...
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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 ...
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Jaywalking
Jaywalking is the act of pedestrians walking in or crossing a roadway that has traffic, other than at a designated crossing point, or otherwise, in disregard of traffic rules. The term originated in the United States as a derivation of the phrase ''jay-drivers'' (the word ''jay'' meaning 'a greenhorn, or rube'), people who drove horse-drawn carriages and automobiles on the wrong side of the road, before taking its current meaning. Jaywalking was coined as the automobile arrived in the street in the context of the conflict between pedestrian and automobiles (also then known as horseless carriages), more specifically the nascent automobile industry. Jaywalking laws vary widely by jurisdiction. In many countries such as the United Kingdom, the word is not generally used and, with the exception of certain high-speed roads, there are no laws limiting how pedestrians can use public highways. This has caused confusion among British people visiting countries with such laws, with the BBC ...
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Children Act 2004
The Children Act 2004 (c 31) is an Act of the Parliament of the United Kingdom. The Act amended the Children Act 1989, largely in consequence of the Victoria Climbié inquiry. The Act is now the basis for most official administration that is considered helpful to children, notably bringing all local government functions of children's welfare and education under the statutory authority of local Directors of Children's Services. The Act also created the ContactPoint database; this, however, has since been axed. Purpose The Act was created with a certain set of goals. Its primary purpose was to give boundaries and help for local authorities and/or other entities to better regulate official intervention in the interests of children. History The long history of children's welfare legislation had given rise to numerous unco-ordinated official powers and functions, even within the same local authorities, resulting in the tragic maladministration seen in the Climbié case. Along wit ...
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2003 In Case Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ...
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2003 In England
Events from 2003 in England Incumbent Events * 10 January – Ian Carr, a 27-year-old banned driver with a total of 89 previous convictions (including causing death by dangerous driving), admits causing the death by dangerous driving of a six-year-old girl in Ashington, Northumberland – a crime which sparks widespread public and media outrage across Britai* 14 January – Anti-terrorism detective Murder of Stephen Oake, Stephen Oake is murdered in Crumpsall, Manchester by Islamic terrorist Kamel Bourgass after being stabbed eight times while attempting his arrest. * 25 January – Central line (London Underground), Central line London Underground, underground train crashes into the tunnel wall at Chancery Lane tube station in London, injuring 34 people. * 29 January – Sally Clark, a 38-year-old former solicitor from Cheshire, is released from prison after the Court of Appeal clears her of murdering her two sons, who are believed to have died of Cot Death. * 31 January – One ...
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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 ...
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