Author:
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 20
Book Description
Manslaughter Or Dangerous Driving Causing Death
Manslaughter Or Dangerous Driving Causing Death
Author: Law Reform Commission of Western Australia
Publisher:
ISBN:
Category : Law reform
Languages : en
Pages : 11
Book Description
Publisher:
ISBN:
Category : Law reform
Languages : en
Pages : 11
Book Description
Criminal Liability for Non-Aggressive Death
Author: Sally Cunningham
Publisher: Routledge
ISBN: 1317157877
Category : Law
Languages : en
Pages : 269
Book Description
The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.
Publisher: Routledge
ISBN: 1317157877
Category : Law
Languages : en
Pages : 269
Book Description
The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.
Manslaughter Or Dangerous Driving Causing Death
Author: Western Australia Law Reform Committee
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 16
Book Description
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 16
Book Description
A Lesser Species of Homicide
Author: Kerry King
Publisher: UWA Publishing
ISBN: 1760800864
Category : Law
Languages : en
Pages : 340
Book Description
There has been a dearth of longitudinal attention to the prosecution of ‘road traffic deaths’ in Australia and worldwide, surprising given more than 50 million people have died or been killed to date. Globally, the ‘road toll’ is estimated at 1.35 million per year. Almost all of those deaths are attributable to some form of human error. A Lesser Species of Homicide examines the shifting nexus where human error, fault, act or omission meet the question of criminal liability. In the first study of its kind in the world, Kerry King examines how parliaments, prosecutors, police and the courts have responded to deaths occasioned by the use of motor vehicles from the mid-twentieth century to the present, including the extent to which the community and judiciary have been prepared to label driving conduct culpable. She explores how our weddedness to the residual notion of ‘accident’, to speed, drink-driving, risk, masculinity and the broader driving culture, have intersected with the tenets of intention, negligence, dangerousness and carelessness to affect judgments about drivers’ conduct. Drawing on hundreds of cases, King carefully traces the construction of offences and case law while observing key emerging themes, including approaches to multiple fatalities, outcomes in cases involving vulnerable road users, the difficulties with prosecuting intoxicated drivers and, most importantly, trends in charging standards and sentencing. For rigour, one Australian jurisdiction, Western Australia, has been chosen as the site of inquiry, yet there is little evidence to suggest that the trends explored herein are peculiar or exceptional. The status quo elsewhere in Australia and overseas appears remarkably similar. A Lesser Species of Homicide seeks to explore how and why deaths on the road have been treated as a species apart.
Publisher: UWA Publishing
ISBN: 1760800864
Category : Law
Languages : en
Pages : 340
Book Description
There has been a dearth of longitudinal attention to the prosecution of ‘road traffic deaths’ in Australia and worldwide, surprising given more than 50 million people have died or been killed to date. Globally, the ‘road toll’ is estimated at 1.35 million per year. Almost all of those deaths are attributable to some form of human error. A Lesser Species of Homicide examines the shifting nexus where human error, fault, act or omission meet the question of criminal liability. In the first study of its kind in the world, Kerry King examines how parliaments, prosecutors, police and the courts have responded to deaths occasioned by the use of motor vehicles from the mid-twentieth century to the present, including the extent to which the community and judiciary have been prepared to label driving conduct culpable. She explores how our weddedness to the residual notion of ‘accident’, to speed, drink-driving, risk, masculinity and the broader driving culture, have intersected with the tenets of intention, negligence, dangerousness and carelessness to affect judgments about drivers’ conduct. Drawing on hundreds of cases, King carefully traces the construction of offences and case law while observing key emerging themes, including approaches to multiple fatalities, outcomes in cases involving vulnerable road users, the difficulties with prosecuting intoxicated drivers and, most importantly, trends in charging standards and sentencing. For rigour, one Australian jurisdiction, Western Australia, has been chosen as the site of inquiry, yet there is little evidence to suggest that the trends explored herein are peculiar or exceptional. The status quo elsewhere in Australia and overseas appears remarkably similar. A Lesser Species of Homicide seeks to explore how and why deaths on the road have been treated as a species apart.
State Laws on Homicide by Vehicle
Author: Brenda B. Williams
Publisher:
ISBN:
Category : Homicide
Languages : en
Pages : 28
Book Description
Publisher:
ISBN:
Category : Homicide
Languages : en
Pages : 28
Book Description
Sentencing Bench Book
Author: Judicial Commission of New South Wales
Publisher:
ISBN: 9780731356133
Category : Sentences (Criminal procedure)
Languages : en
Pages :
Book Description
This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Publisher:
ISBN: 9780731356133
Category : Sentences (Criminal procedure)
Languages : en
Pages :
Book Description
This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
State Laws on Homicide by Vehicle
Understanding Homicide
Author: Fiona Brookman
Publisher: SAGE
ISBN: 9780761947554
Category : Social Science
Languages : en
Pages : 370
Book Description
This comprehensive and challenging text unravels the phenomenon of homicide. In introducing the broad spectrum of different features, aspects and forms of homicide, Fiona Brookman examines its patterns and trends, how it may be explained, its investigation and how it may be prevented.
Publisher: SAGE
ISBN: 9780761947554
Category : Social Science
Languages : en
Pages : 370
Book Description
This comprehensive and challenging text unravels the phenomenon of homicide. In introducing the broad spectrum of different features, aspects and forms of homicide, Fiona Brookman examines its patterns and trends, how it may be explained, its investigation and how it may be prevented.
Criminal Law Reform Now
Author: J J Child
Publisher: Bloomsbury Publishing
ISBN: 1509916792
Category : Law
Languages : en
Pages : 349
Book Description
If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.
Publisher: Bloomsbury Publishing
ISBN: 1509916792
Category : Law
Languages : en
Pages : 349
Book Description
If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.