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Criminal Law Investigation - School Essays

Criminal Law Investigation

Murder
Murder is when a person of sound mind unlawfully kills any person with malice
aforethought.
To be convicted of murder, it has to be proven that the accused planned to kill
the victim, or that the accused acted in a way that he/she knew would harm or
kill the victim.

To defend against murder, one could claim self-defence, that is, that they
killed the person while defending themselves, if this was proven, the accused
should get acquitted. They could also claim they were provoked, if this was
proven, the crime would be brought down to manslaughter.

The punishment for murder is usually life imprisonment, but the court can impose
any punishment they choose.

A current Australian case ...

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if the victim said it was all right
for the accused to do what he/she did. The other two are self explanatory.

The maximum penalty is 5 years imprisonment, but commonly punishments include
fines, good behaviour and community based orders.

A recent case in Australia was of a man who was stabbed outside a nightclub by a
group of people.

Rape

Rape is any introduction of any object into the vagina or anus of another person
without their consent.

To prove rape it must be proven that it was committed without the consent of the
victim.

The common defence is that the victim consented to the act, whereas, the accused
would be acquitted.

The punishment for rape is a maximum of 10 years, and if someone has been found
guilty of rape twice, they can be tried for rape with aggravated circumstances
and a maximum of 20 years applies for this crime.

An Australian case that I can remember involved a man who was accused of raping
his wife, and his defence was that she was asking for ...

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Criminal Law Investigation. (2004, June 28). Retrieved November 28, 2024, from http://www.essayworld.com/essays/Criminal-Law-Investigation/10197

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PAPER DETAILS

Added: 6/28/2004 12:15:15 PM
Category: Legal Issues
Type: Premium Paper
Words: 661
Pages: 3

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