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Public Nuisance
In English criminal law, public nuisance was a common law offence in which the injury, loss, or damage is suffered by the public, in general, rather than an individual, in particular. In Australia In ''Kent v Johnson'' the Supreme Court of the ACT held that public nuisance is "an unlawful act or omission ... which endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise or enjoyment of any right common to all".''Kent v Johnson (Minister of State for Works)'' (1973) 2 ACTR 1; (1973) 21 FLR 177, Supreme Court (ACT, Australia). And also, public nuisance is a criminal offense at some common law and by statute under some states. To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, (2) that the interference is with a public right and (3) that the defendant's interference is substantial and unreasonable. * (1): title to sue In the case ''Walsh v Ervin'',. as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not conce ... [...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] |
Wasting Police Time
Wasting police time is listed as a criminal offence in many Commonwealth countries. United Kingdom In England and Wales, one can be charged with the offence under Section 5(2) of the Criminal Law Act 1967 when one "causes any wasteful employment of the police" by "knowingly making to any person a false report" which: *Shows that a criminal offence has been committed, *Creates apprehension for the safety of any persons or property, or *Indicates that they have information material to any police inquiry. The offence carries a maximum penalty of six months' imprisonment and/or a fine. Less serious cases may result in a penalty notice for disorder of £80 for persons aged 16 or over and £40 for younger offenders. The same applies to Northern Ireland according to Section 5(3) of the Criminal Law Act (Northern Ireland) 1967. For Scotland the High Court of Justiciary stated in ''Kerr v. Hill'' that giving false information to the police constitutes a crime under common law. New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Noise Pollution
Noise pollution, also known as environmental noise or sound pollution, is the propagation of noise with ranging impacts on the activity of human or animal life, most of them are harmful to a degree. The source of outdoor noise worldwide is mainly caused by machines, transport, and propagation systems.Senate Public Works Committee. ''Noise Pollution and Abatement Act of 1972''. S. Rep. No. 1160, 92nd Congress. 2nd session Poor urban planning may give rise to noise disintegration or pollution, side-by-side industrial and residential buildings can result in noise pollution in the residential areas. Some of the main sources of noise in residential areas include loud music, transportation (traffic, rail, airplanes, etc.), lawn care maintenance, construction, electrical generators, wind turbines, explosions, and people. Documented problems associated with noise in urban environments go back as far as ancient Rome. Research suggests that noise pollution in the United States is the high ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of The Peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct. Public order England, Wales and Northern Ireland In England and Wales, theoretically all criminal offences cognizable by English law involve "a breach of the King's peace", and all indictments formerly concluded "against the peace of our Lady the Queen, her crown and dignity" before the passage of the Indictments Act 1915 and the Rules that formed that Act's first schedule. The conclusion has also found its way into constitutional law in many United States state constitutions, which mandate that indictments within the state end in a similar manner to the above, usually omitting the "crown" part or substituting "government". For example, New Jersey's is "against the peace of this State, the government and dignity of the same". Historically that con ... [...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] |
Article 7 Of The European Convention On Human Rights
Article 7 of the European Convention on Human Rights sets limits on criminalisation, forbidding ''ex post facto'' criminalisation by signatory countries. Text Case law *Kokkinakis v. Greece (no violation found, 8:1) * Vassili Kononov (no violation found, 14:3) *Nikola Jorgic (no violation found, unanimously) * Nikolay Tess (2008 - decision on admissibility postponed) *Mykolas Burokevičius (no violation found, unanimously) *Handyside v United Kingdom ''Handyside v United Kingdom'' (5493/72) was a case decided by the European Court of Human Rights in 1976. Its conclusion contains the famous phrase that: Nevertheless, the court did not find for the applicant, who had been fined for publishing ... (no violation found) *Maktouf and Damjanović v. Bosnia and Herzegovina (2013; violation found, unanimously) Other judgements involving Article 7 * Ines Del Rio: Case of the Parot doctrine. Literature References {{Articles of the European Convention on Human Rights 7 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice And Public Order Act 1994
The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed rave parties, and greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard, Home Secretary of Prime Minister John Major's Conservative government, and attracted widespread opposition. Background A primary motivation for the act was to curb illegal raves and free parties, especially the traveller festival circuit, which was steadily growing in the early 1990s, culminating in the 1992 Castlemorton Common Festival. Following debates in the House of Commons in its aftermath, Prime Minister John Major alluded to a future clampdown with then Home Secretary Ken Clarke at that year's Conservative Party conference. At the 1993 conference, Michael Howard, who had become Home Secretary, announced details ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protection From Harassment Act 1997
The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to protect the victims of harassment. It will protect all such victims whatever the source of the harassment—so-called stalking behaviour, racial harassment, or anti-social behaviour by neighbours." Home Office guidance on the Act says "The legislation was always intended to tackle stalking, but the offences were drafted to tackle any form of persistent conduct which causes another person alarm or distress." Infield and Platford described the Act as "controversial".Infield, Paul; Platford, Graham. The Law of Harassment and Stalking. Butterworths. London, Edinburgh, Dublin. 2000. p. x. Provisions Section 1 This section prohibits a person from pursuing "a course of conduct" which "amounts to harassment of another" and which "he knows or oug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conspiracy (criminal)
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, the plan is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the ''actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-conspira ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Appeal Reports (Sentencing)
The Criminal Appeal Reports (Sentencing), sometimes referred to as the Criminal Appeal (Sentencing) Reports, are a series of law reports of decisions which relate to sentencing. They are published by Sweet & Maxwell. Publication began in 1979. As of 2008, they were published six times each year. For the purpose of citation, their name may be abbreviated to "Cr App R (S)".Advanced Criminal Litigation in Practice. Oxford University Press. 2008Page 3 See also *Criminal Appeal Reports References {{Reflist External links"Criminal Appeal Reports (Sentencing)" Cardiff Index to Legal Abbreviations. Cardiff University
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