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- Опубликовано: 15 сен 2024
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English criminal law is a system of laws and principles that govern the punishment of individuals who commit crimes in England and Wales. It is based on a combination of statutes and common law principles.
The theoretical elements of English criminal law include concepts of punishment, evidence, defence and prosecution, and criminalisation. These elements shape the foundation of the criminal justice system and guide the application of criminal laws.
To establish criminal liability, certain elements need to be proven. These elements include the actus reus, which refers to the physical act or conduct of the accused, and the mens rea, which refers to the mental state or intention behind the act. Various defences are recognised, such as incapacity, compulsion, and mistake.
English criminal law covers a wide range of specific criminal offences, including murder, manslaughter, sexual offences, non-fatal offences, and property offences. Each offence has its own elements and requirements for establishing guilt.
It is important to note that the information provided here is a general overview and should not be considered legal advice. The application and interpretation of criminal law can vary depending on the specific circumstances and jurisdiction.
- J. Loveless et al, Complete Criminal Law: Text, Cases, and Materials (Oxford University Press, 2022).
- D. Ormerod & K. Laird, Smith, Hogan & Ormerod’s Criminal Law (Oxford University Press, 2021).
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At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
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Does your video also help in clat preparation
Why an offer should be assessed objectively not subjectively?
In Smith vs Hughes , Blackburn J :
"If, whatever a man's real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party's terms."
It is generally easier to access an offer objectively by communication and correspondences between parties than to ascertain parties' subjective intention.