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    Question 8 Under the heading of offences involving criminal negligence, and section 220 stating that, “every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable”, the case of F.J. (2008) set how the section should be applied. In the case, the accused failed to act and prove the necessaires of life to this foster son by not protecting him from the abuse the son suffered from the spouse; nevertheless, the accused was acquitted of charges. It was said the first step was to decide if the accused had failed to provide the necessaries of life, and if the failure was a marked departure from the conduct of a reasonable prudent parent in circumstances where it was objectively foreseeable that the failure to provide the necessaries of life would lead to a risk of danger to life, or health of the child. If so, then there must be wanton or reckless disregard for the child’s life or safety, and must this must be significant cause of death. Therefore, the charges of Hamlet and Ophelia are unlikely to succeed, as their beliefs made them show wanton or reckless disregard for the child’s life or safety, and their…

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    For instance, self-report surveys question members of the public whether they have committed an illegal act. Some of the strengths include that it’s useful to uncover petty crime that few people may engage in from time to time such as speeding or minor thefts. However, the self-report surveys have a range of weaknesses that include respondents becoming unreliable and tend to lie by ascertaining offences, which they may have never committed. Also, offenders who are truly culprit of committing an…

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    Should young offenders who commit indictable offences be tried as adults and give up their rights to be tried under The Youth Criminal Justice Act? We all know right from wrong, we all know not to make stupid decisions but adolescents do not think before they act they commit crimes and become young indictable offenders standing trial, but should these offenders be treated as adults and give up their right to be tried under the Youth Criminal Justice Act. All young offenders who commit indictable…

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    Model Of Hate Crimes

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    1999). The second type of offence is based on a group selection model (also referred to as the discriminatory selection model). Under these offences the offender need only ‘select’ his/her victim from a particular protected group. The second type of offence is based on a ‘group selection’ model (also referred to as the discriminatory selection model). Under these offences the offender need only ‘select’ his/hers victim from a particular protected group. Proof of prejudice, bias, hostility, or…

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    In 2014 the LNP Government introduced the Youth Justice and Other Legislations Amendment Act which made changes to the legislation surrounding juveniles aged between 10 and 16 years of age. These new amendments have been changed to improve juvenile justice and created a fairer option for minors. The Youth Justice and Other Legislation Amendment Act 2014 states that the Children’s Court is an open court when reoffenders are admitted. (Department of Justice and Attorney General, 2014) This act…

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    Local Court Case Study

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    observing criminal proceeding in the local, district and supreme courts, the intricate workings of the legal system within Australia became extremely apparent. It became clear during my time in court that the administration, process and practices of each court varied extremely depending on which level you were observing at the time. Similarly during such time spent in court, the distinctions between both summary proceeding and trail upon indictment became clear and could be seen to somewhat…

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    Arguments & Authorities The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In deciding whether there is a disputed fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex.…

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    Burger King Case Study

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    Court of Appeals of Ohio, First District, Hamilton County. NADEL et al., Appellants, v. BURGER KING CORPORATION et al., Appellees. No. C-960489. -- May 21, 1997 Edward J. Felson and Stephen R. Felson, Cincinnati, for appellants. Jonathan P. Saxton, Cincinnati, for appellee Burger King Corporation. Droder & Miller Co., L.P.A., A. Dennis Miller and Kevin J. Ryan, Cincinnati, for appellee Emil, Inc. I. Facts On a morning in early December 1993, plaintiff-appellant Paul Nadel was driving…

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    Judgment Motion

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    To prevail on a traditional summary-judgment motion, a movant must show that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); Amedisys, Inc. v. Kingwood Home Health Care, LLC, 437 S.W.3d 507, 511 (Tex. 2014). A defendant is entitled to summary judgment by conclusively negating at least one essential element of the plaintiff’s cause of action or establishing each element of an affirmative defense. Radcliffe v.…

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    COMES NOW, Cromwell Fountain II Condominium Inc., by and through undersigned counsel, and hereby files this motion to stay proceedings with regard to its pending declaratory judgment action; and plaintiff’s opposition to defendant’s expedited motion to extend time to respond to plaintiff’s motion for summary judgment and motion to modify scheduling order, and in support thereof, states as follows: I. Plaintiff’s Motion to Stay Proceedings with Regard to Its Pending Declaratory Judgment Action.…

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