Criminal Law Investigation

Title	Criminal Law Investigation
# of Words	630
# of Pages (250 words per page double spaced)	2.52

Criminal Law Investigation

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 is the one involving Adrian Bryant, who is accused of
killing many people in Port Arthur earlier this year.

Assault

Common assault (not sexual or seizing assault), is the use of force by a person
intending to inflict pain, injury, discomfort or insult on another person.

To prove this, it must be shown that the accused committed the crime, no
forethought needs to be proven.

To defend against this, the accused could claim it was an accident, self-defence
or consent of the victim.  Consent is just 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 m...This is ONLY a preview of the article. If you would like to view the entire document, you must subscribe to Electronic References. Please register below now!

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