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Outraging Public Decency
Outraging public decency is a common law offence in England and Wales,Halsbury's Laws of England 5th edition, volume 26, paragraph 717 Hong Kong and the Australian states of New South Wales and Victoria. It is punishable by unlimited imprisonment and/or an unlimited fine. But, in Hong Kong, one who committed the offence can only be imprisoned for 7 years at maximum. History The first recorded case of the offence was ''Sir Charles Sedley’s Case'' or namely ''Sedley's Case'' (1663) 1 Keb. 620, 83 ER 1146; (1663) 1 Sid. 168, 82 ER 1036. Sir Charles Sedley was prosecuted for urinating on a crowd from the balcony of Oxford Kate's tavern in Covent Garden. Samuel Pepys' diary recorded Sedley's acts in detail: Such a case is the very first case brought the jurisdiction of regulating immoral behaviours to the King’s Bench which asserted itself as a 'custos morum' since the abolishing of Star Chamber. Definition Modern case law has established two elements that must be satisfied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law Parliament of Australia Library The , the |
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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crimes
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Offences
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law Parliament of Australia Library The , the |
Rick Gibson
Rick Gibson (born 1951) is a Canadian sculptor and artist best known for his performance works. Early life and education Gibson was born in Montreal and studied Psychology at the University of Victoria, where between 1973 and 1974 he drew weekly comics for the student newspaper. After completing his Bachelor of Arts degree in 1974 he moved to Vancouver. He lived in London, England from 1983 to 1989. He received a Master of Science degree in Interactive Art and Technology from Simon Fraser University, Surrey in 2004. 3D holograms In 1976, he became the holography assistant for the American new media artist Al Razutis. In 1978 he received Canadian government funding to build his own holography studio and study holographic special effects. He exhibited the results of this work in Vancouver at the Helen Pitt Gallery in June 1978 and again in Victoria at the Open Space Gallery in June 1979. Freeze-dried sculptures In an attempt to solve a holographic problem, Gibson experimente ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court. The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute. History Historically prosecutions were conducted through a patchwork of different systems. For serious crimes tried at the county level, justices of the peace or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voyeurism (Offences) Act 2019
The Voyeurism (Offences) Act 2019 (c. 2) is an Act of the Parliament of the United Kingdom which amends the Sexual Offences Act 2003 to make upskirting a specific offence of voyeurism. The Act came into force on 12 April 2019. Provisions For the purposes of the Act, the relevant offence is committed by creating images of, or operating equipment to view, genitals, buttocks or underwear beneath clothing where they would not normally be visible, for the purpose of sexual gratification or to cause humiliation, alarm or distress. The maximum sentence for the offence is two years' imprisonment and in the more serious sexual cases those convicted are added to the Violent and Sex Offender Register. Background Before 2019, there was no specific law against upskirting in England and Wales. When upskirting took place in public, it was outside the scope of the offence of voyeurism under the Sexual Offences Act 2003. Nevertheless, prosecutions for upskirting were occasionally brought allegi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Upskirting
Upskirting or upskirt photography is the practice of taking nonconsensual photographs under a person's skirt or kilt, capturing an image of the crotch area, underwear, and sometimes genitalia. An "upskirt" is a photograph, video, or illustration which incorporates such an image, although the term may also be used to refer to ''the area of the body'' inside a skirt, usually from below and while being worn. The practice is regarded as a form of sexual fetishism or voyeurism, and is similar in nature to downblouse photography. The ethical and legal issue relating to upskirt photography is one of a reasonable expectation of privacy, even in a public place. Social attitudes The term "upskirt" is relatively recent, but the concept and interest therein are not. Looking up a woman's skirt was depicted in the 1767 painting '' The Swing'' by Jean-Honoré Fragonard. In "polite society", looking up a lady's skirt was regarded as impolite or rude. In less polite society, looking up a l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dicta
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring. The first term is prevalent in the United Kingdom, the second is prevalent in the Commonwealth, and the third one is prevalent in the United States. Work The functions of a law commission body include drafting revised versions of confusing laws, preparing consolidated versions of laws, making recommendations on updating outdated laws and making recommendations on repealing obsolete or spent laws. Law commissions often undertake projects focusing on legislation, although their mandates may be narrower or broader. List of law commissions *: Australian Law Reform Commission *: the Law Commission of Canada was established by the Law Commission of Canada Act on July 1, 1997 and was eliminated in 2006. It replaced the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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