The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
If a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D intended to kill a person and did kill someone. In Latimer where the defendant struck someone with his belt but wounded another, the court held that the defendant was rightly convicted of an offence under section 20 of the Offences Against the Person Act 1861 (OATPA 1861).
In A—G Ref (No 3 of 1994) the defendant stabbed a woman who was pregnant. As a result of the stabbing, the woman gave birth to a premature child who later died from a lung condition due to the premature birth. The court acknowledged the existence of the principle but refused to extend it to the circumstances in question as it would have required malice to be transferred twice; from the victim mother to the foetus and from the foetus to the child.
The harm done must be of the same kind as the harm intended. If a defendant imports a Class A drug but believed he was importing
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Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not
Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law
Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made
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