The Code contains 25 Parts, which in general can conveniently be divided into the following major categories: All offences under the Criminal Code can be categorized according to the procedure employed for trying the case: summary (an offence triable by the summary conviction procedure) or indictable (an offence triable by indictment) or both, for certain offences, with the Crown A person accused of an offence against the Criminal Code may be given an appearance notice, or summoned, or arrested with or without a warrant. /K 11 << /S /URI 50 0 obj >> /Slide /Part /Type /Annot This beer was, therefore, an intoxicating liquor within the definition of the Saskatchewan Temperance Act, and an information Jones had sexual relations with a girl he had met that night in a downtown restaurant. endobj /I1 70 0 R For both formats the functionality available will depend on how you access the ebook (via Bookshelf Online in your browser or via the Bookshelf app on your PC or mobile device). The accused, who were conscience-stricken and remorseful, pleaded guilty before a magistrate to a charge of abandoning their children, contrary to s. https://www.jstor.org/stable/10.3138/j.ctt2ttn81, (For EndNote, ProCite, Reference Manager, Zotero, Mendeley). >> /D [73 0 R /XYZ 0 658 null] /Type /Pages << by She had on board (besides a heavy cargo) 17 of a crew, and 65 passengers, Scotch and Irish emigrants. Section 19 of the Code provides: Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.. /P 17 0 R /P 5 0 R 30-31: It is only by looking at the definition of the particular crime that we can see what circumstances are material to theactus reus. /Parent 9 0 R endobj 16 0 obj >> /Count 6 >> This is obviously not the case, for the mental elements of different crimes Appeal by defendant from the judgment of Brown C.J.K.B., refusing defendants application to quash the Summary Conviction made by the Magistrate under the Sask. 33 0 obj 0000001848 00000 n
<< << << Product pricing will be adjusted to match the corresponding currency. >> /K [141 0 R 55 0 R] 17 0 obj /Type /Pages The report of the committee on homosexual offences and prostitution (the Wolfenden Report) (U.K., 1957) states in part in relation to homosexual offences: Our primary duty has been to consider the extent to which homosexual behaviour and female prostitution should come under the condemnation of the criminal law, and this has presented us with the difficulty of deciding what are the essential elements of a criminal offence. << << The range of thoughtfully selected materials and authoritative commentary ensures that this book provides an essential collection of materials and analysis to stimulate the reader and assist in the study of this difficult and challenging area of law. /MarkInfo << /Group << Recent decisions of note that are extracted and analysed include R v Kennedy (manslaughter based on supply of heroin); Attorney General for Jersey v Holley (provocation); R v Mark and R v Willoughby (elements of killing by gross negligence); R v Barnes (consent as a defence to sporting injuries); Attorney Generals Reference (No 3 of 2004) (accessorial liability) and R v Hatton (intoxicated mistake in self defence cases). 13 0 obj >> /Title (tmp.1362083581.pdf.w8q7m) /K [144 0 R 14] 31 0 obj 55 0 obj endobj /Type /OBJR Sorry, preview is currently unavailable. >> endobj endobj << Consideration is also given to the likely changes to the law relating to corporate manslaughter, at the time of writing contained in the Corporate Manslaughter and Corporate Homicide Bill currently before Parliament. /F2 67 0 R 10 0 obj Theft. /Footnote /Note revised text design with clear page layout, headings and boxed and shaded sections to aid navigation and readability, chapter introductions to highlight the salient features under discussion, short chapter table of contents to enable easier navigation, "Comments and Questions" sections to encourage students to reflect on their reading, expanded further reading to encourage students to engage further with the subject. << /Kids [9 0 R 10 0 R] /Parent 9 0 R /Pg 25 0 R /Chartsheet /Part /Parent 10 0 R 5 51 0 R] /Macrosheet /Part << /MediaBox [0.0 0.0 612.0 792.0] The following brief description of the facts is taken from the introductory part of the majority judgment For a detailed discussion of the points raised in this chapter see Friedland, double jeopardy (1969). endobj /Parent 28 0 R /CS [/ICCBased 65 0 R] /Type /Pages endobj /Border [0 0 0] For a summons or an arrest with a warrant, the complainant (who is usually a police officer) would first have gone before a justice of the peace to initiate proceedings (see section 455.3 of the Code); an arrest without a warrant requires no judicial authorization. /Type /Action The history of the Canadian Criminal Code is briefly stated in the following extract from Mewett, The Criminal Law, 1867-1967 (1967) 45Can. >> >> >> In their absence the house caught fire (at approx. 59 0 obj 8 0 obj /K 3 /S /Link >> xWnF}WS@j#jNBN][%JbM*EP\R)s9seNq6XW>A`MA"PP9i !fn2 |~IoPsA1eq3DWKL"!$5EEWy_eqC\2LFH"a4E?=a>=aVm3x
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Accused was charged with leaving the scene of an accident contrary to s. 221(2) [now s. 233(2)] of theCr. /MediaBox [0.0 0.0 612.0 792.0] /MediaBox [0.0 0.0 612.0 792.0] endobj << /Length 1326 0000002679 00000 n
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Two major law reform publications are extensively extracted and contextualised in this 4th edition - the Law Commissions report on Murder, Manslaughter and Infanticide (Law Com No 304) and the Law Commissions Report on Inchoate Liability for Assisting and Encouraging Crime (Law Com No 300). agreed): The appellant is a vendor of soft drinks at Moosomin. >> /Marked false 0000002139 00000 n
The prisoner was tried before Lord Eldon, at the Admiralty sessions, December 1799, on an indictment for wilfully and maliciously shooting at Henry Truscott. endobj /Lang (en) /P 47 0 R Jones assumed that the girl was a prostitute and was over 18 years of age. 60 0 obj endobj /Dest [25 0 R /XYZ 0 563 0] /O /Layout Mens Rea: The Mental Element. << /Obj 58 0 R /Kids [135 0 R 136 0 R 137 0 R 138 0 R 139 0 R] /K [145 0 R 20] Temperance Act, 1917, c. 23, s. 35. Cases Reserved), STEPHEN J. stated, with respect to the phrase non est reus, nisi mens sit rea: Though this phrase is in common use, I think it most unfortunate, and not only likely to mislead, but actually misleading, on the following grounds. << /Contents 0000185369 00000 n
/XObject << /K 6 endobj endobj /F4 69 0 R /Pg 25 0 R endobj endobj /Rect [306.8174 72.3516 391.1001 82.8984] 46 0 obj On December 6th, 1920, a police officer, acting under a search warrant, found upon his premises three bottles of beer which were shown upon analysis to contain more than 1.13% of alcohol per weight. /Im3 72 0 R << /P 5 0 R 1 0 obj /Alt (Digital Commons Network Logo) In fact, she was only 17 and indeed looked no more than 16 and was of previously chaste character. The girl became pregnant and Jones is charged with seduction of a female between the ages of 16 and 18 contrary to section 151 of the Code. >> /K [142 0 R 10] /DisplayDocTitle true /S /Link /Rect [230.8867 206.7227 465.623 218.4414] 22 0 obj >> /Textbox /Sect 0000004375 00000 n
The Canadian Criminal Code, a federal statute, came into force on April 1, 1955 and is found in the Revised Statutes of Canada, 1970, chapter C-34, as amended. /Prev 7 0 R endobj 35 0 obj >> /S /Link 6 0 obj The Fraud Act 2006. /Kids [105 0 R 106 0 R 107 0 R 108 0 R 109 0 R] The information, on its face, showed however that more than 6 months had elapsed since the date of the accident and hence the institution of summary proceedings was barred by s. 693(2) [now s. 721(2)] of theCode. endobj >> /Contents (Faculty Scholarship) endobj This one is highly recommended.' /A 44 0 R uuid:67a6bf82-adb7-11b2-0a00-100fbe020000 /A << 15 0 obj /Parent 9 0 R /Kids [25 0 R 73 0 R 74 0 R 75 0 R 76 0 R 77 0 R 78 0 R 79 0 R] /Type /Pages by 37 0 obj trailer
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/Rect [72.0 612.5547 285.8984 625.4453] << Greens car suddenly swerved to the left into the path of an oncoming car, killing the driver. /S /L << >> endobj endobj endobj 57 0 obj /MediaBox [0.0 0.0 612.0 792.0] << Some of the various steps in a criminal trial are looked at in this chapter. System requirements for Bookshelf for PC, Mac, IOS and Android etc. /P 5 0 R /P 5 0 R /Title (Criminal Law: Cases and Materials) 4 0 obj TURGEON, J.A. >> /P 5 0 R /P 18 0 R >> /Pg 25 0 R << >> >> << >> /Parent 10 0 R /P 52 0 R endobj /Border [0 0 0] 41 0 obj endobj /P 16 0 R 1 12 0 R 2 13 0 R 3 48 0 R 4 50 0 R endobj 52 0 obj 0000201384 00000 n
23 0 obj 24 0 obj endobj >> >> /URI (https://scholarship.law.gwu.edu/faculty_publications) 48 0 R 49 0 R 18 0 R 18 0 R 50 0 R 19 0 R 20 0 R 21 0 R 21 0 R 21 0 R endobj /Pg 25 0 R >> /S /LBody endobj /K [17 18 19 51 0 R 21] /S /URI 32 0 obj >> 56 0 obj /Parent 7 0 R << >> endobj Routledge-Cavendish. /Type /Annot Criminal Law: Cases and Materials endobj Academia.edu no longer supports Internet Explorer. 28 0 obj endobj endobj /S /Link endobj << >> A lengthy recitation of the facts leading to the Reference to the Supreme Court of Canada is contained in both the majority judgment and in the dissent by Hall J. 34 0 obj /Count 5 44 0 obj /K [11 0 R 12 0 R 13 0 R 14 0 R 15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R /A 146 0 R The trial judges charge to the jury started with the usual preliminary discussion of burden of proof, reasonable doubt and presumption of innocence. endobj >> 40 0 obj >> /S /P /Count 1 43 0 obj Professor Mike Molan, BA, LLM, FHEA, Barrister, is Acting Executive Dean of the Faculty of Arts and Human Sciences at London South Bank University. Routledge-Cavendish, Published endobj /Kids [125 0 R 126 0 R 127 0 R 128 0 R 129 0 R] /Parent 4 0 R << /Parent 9 0 R /Count 5 Reforming English Homicide Law: Fair Labelling Questions and Comparative Answers. /Tabs /S /Subtype /Link << /Page1 /Div << << /Pg 25 0 R /Type /Pages /A 41 0 R 0000184201 00000 n
/P 5 0 R << Informa UK Limited, an Informa Plc company. We find this definition, in the case of common law crimes, in the decisions of the courts and, in the case of statutory crimes, in the words of the statute, as HYDE J.: Appellant has appealed from his conviction in the Court of Queens Bench, Crown Side, sitting in the District of St. Hyacinthe, on July 7, 1959, for attempted murder, the charge reading: That on or about 17th May 1958 at St. Hyacinthe, in the District of the same name, Ronald Tousignant, in escaping from the St. Hyacinthe common gaol, in which he was lawfully detained, unlawfully attempted to commit murder on the person of Donat Levesque, warden of the St. Hyacinthe prison, by striking him on the head with the aid of a blunt object, in contravention of s. VISCOUNT SANKEY L.C. /MediaBox [0.0 0.0 612.0 792.0] Criminal Damage. /Dest [25 0 R /XYZ 0 161 0] 26 0 obj /Count 5 endobj endobj /P 18 0 R /Metadata 2 0 R /Contents (spagel@law.gwu.edu) /P 46 0 R << 0000201596 00000 n
>> 27 0 obj /Pg 25 0 R /Type /Page 53 0 obj /Parent 9 0 R 114-115: Strict Liability and Vicarious Liability Distinguished. /Kids [80 0 R 81 0 R 82 0 R 83 0 R 84 0 R] << << /URI (https://scholarship.law.gwu.edu/faculty_publications?utm_source=scholarship.law.gwu.edu%2Ffaculty_publications%2F288&utm_medium=PDF&utm_campaign=PDFCoverPages) /Parent 9 0 R 29 0 obj Green is charged with a number of offences arising out of the accident ranging from careless driving under the Highway Traffic Act to manslaughter. /A << 14 0 obj >> /BBox [72 653.5 427.1678 707.5] 39 0 obj /Type /Pages /Dialogsheet /Part endobj /Parent 3 0 R endobj /Next 8 0 R 0000000716 00000 n
/Appligent (AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4) >> /S /P /I2 71 0 R Defences of Compulsion. It appeared in evidence, that on the 27th of June, 1799, the prisoner was the captain of a vessel called the Langley, a letter of marque; that about 130 leagues from Falmouth, on that day, he discovered in the morning, and fell in with another vessel called the Admiral Nelson, sailing Smith and Hogan, criminal law (3d ed., 1973) at pp. >> >> >> /Count 5 >> endobj We use cookies to improve your website experience. %PDF-1.6
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/Type /Pages 2020-02-19T14:27:00-08:00 endobj /Placement /Block 62 0 obj B. Rev.726 at pp. << This book is an invaluable reference for students on undergraduate or CPE/PG Diploma in Law criminal law courses, particularly those studying independently or on distance learning programmes. /Count 5 /URI (mailto:spagel@law.gwu.edu) Smith and Hogan, criminal law (3d ed., 1973) at pp. >> >> 3 0 obj >> Actus Reus: The External Elements of an Offence. /Pg 25 0 R /MediaBox [0.0 0.0 612.0 792.0] To define it as an act which is punished by the State does not answer InScofield(1784) Cald. The free VitalSource Bookshelf application allows you to access to your eBooks whenever and wherever you choose. << /Type /Pages << (with whom HAULTAIN C.J.S. /Type /Annot What is the reason for this rule? >> /Contents [62 0 R 63 0 R 64 0 R] endobj The MENTAL HEALTH ACT, R.S.O. /K 15 The point requires emphasis for there is an unhappy judicial tendency to confuse the two concepts. /Count 5 0000184108 00000 n
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61 0 obj /K [5 54 0 R] Most VitalSource eBooks are available in a reflowable EPUB format which allows you to resize text to suit you and enables other accessibility features. endobj /K [140 0 R 52 0 R] /Pg 25 0 R /Alt (Scholarly Commons) /Endnote /Note /Last 26 0 R /K 16 /URI (https://scholarship.law.gwu.edu/faculty_scholarship) A statute may requiremens reaand yet impose vicarious responsibility. >> Sexual Offences. There appears to be no unquestioned definition of what constitutes or ought to constitute a crime. AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 /P 54 0 R /Pg 25 0 R 18 0 obj << /Font << << /Parent 10 0 R << >> /P 5 0 R /MediaBox [0.0 0.0 612.0 792.0] >> Defences where Mens Rea is Denied Criminal Damage. (for the Court): My Lords, the appellant, Reginald Woolmington, after a trial at the Somerset Assizes at Taunton on January 23, at which, after an absence of one hour and twenty-five minutes, the jury disagreed, was convicted at the Bristol Assizes on February 14 of the wilful murder of his wife on December 10, 1934, and was sentenced to death. /Author (Cynthia Lee and Angela Harris) /Type /Annot /S /Link Vicarious liability is by no means the same thing as strict liability. /Subtype /Link Enter the email address you signed up with and we'll email you a reset link. /P 5 0 R 19 0 obj /Type /Catalog >> /A << Will Jones be convicted? /Pg 25 0 R /Rect [0.0 763.81604 612.0 792.0] Homicide. 48 0 obj December 11, 2007 He admits that he had intercourse with her on this occasion but says that she consented. The book covers all aspects of the law from pre-trial to sentencing procedures, illustrated by cases, articles, notes, and diagrams.
/S /Span /P 5 0 R 'Having seen and used a variety of cases and materials books, I particularly like the layout of this one. /Obj 57 0 R >> /Pg 25 0 R /StructParent 2 You can download the paper by clicking the button above. /K [49 0 R 12 13 50 0 R] /Subtype /Link /Rect [137.2383 185.8906 204.167 197.6094] /Type /Pages /A << Where the content of the eBook requires a specific layout, or contains maths or other special characters, the eBook will be available in PDF (PBK) format, which cannot be reflowed. /Count 5 << /CreationDate (D:20200219142700-08'00') /Parent 3 0 R /K [53 0 R 7] /MediaBox [0.0 0.0 612.0 792.0] /Pg 25 0 R a Companion Website to provide regular updates to the book. /O /Layout /Parent 4 0 R /ViewerPreferences << /Producer (Prince 12.5 \(www.princexml.com\)) /K [46 0 R 47 0 R] << Your client is charged with rape. /Kids [100 0 R 101 0 R 102 0 R 103 0 R 104 0 R] /F3 68 0 R /S /H2 >> By continuing to use the website, you consent to our use of cookies. /K 4 7.00 p.m.) and the children were burned to death. endobj /Type /Pages >> >> The long-boat and jolly-boat were cleared away and lowered. >> 45 0 obj /A 42 0 R /MediaBox [0.0 0.0 612.0 792.0] Introduction to Criminal Law: Framework and Procedures. >> /F1 66 0 R /Diagram /Figure /First 26 0 R /Count 43 /StructTreeRoot 5 0 R endobj /Pages 4 0 R 21 0 obj /URI (http://network.bepress.com/hgg/discipline/578?utm_source=scholarship.law.gwu.edu%2Ffaculty_publications%2F288&utm_medium=PDF&utm_campaign=PDFCoverPages) /StructParent 3 The TRUSCOTT case has been chosen for intensive examination because of the great number of problems which it covers and because many persons feel that the case raises serious questions about the adequacy of our system of justice. /Type /Annot It naturally suggests that, apart from all particular definitions of crimes, such a thing exists as a mens rea, or guilty mind, which is always expressly or by implication involved in every definition. /Subtype /Link << << Mobile/eReaders Download the Bookshelf mobile app at VitalSource.com or from the iTunes or Android store to access your eBooks from your mobile device or eReader. Prices & shipping based on shipping country. /ParentTreeNextKey 6 /A 143 0 R /S /Page1 /Count 25 38 0 obj /S /URI endobj /DefaultRGB [/ICCBased 65 0 R] /S /URI Robbery, Blackmail, Burglary and Going Equipped. /K 0 /MediaBox [0.0 0.0 612.0 792.0] /Parent 9 0 R 112 0 obj
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5 0 obj %PDF-1.7 >> 1970, c. 269, provides: 1.(f) mental disorder means any disease or disability of the mind; , (a) suffers from mental disorder of a nature or degree so as to require hospitalization in the interests of his own safety or the safety of others; and. /StructParent 4 << xb```b``b`e``tgb@ !+G NpC?00pwn ^;100cHg`` +>tBcE2KO3H3*`f\Pv@6m % endobj /Pg 25 0 R 1 /Type /Pages endobj /MediaBox [0.0 0.0 612.0 792.0] 0000002730 00000 n
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/Border [0 0 0] << /Footer /Sect /MediaBox [0.0 0.0 612.0 792.0] September 18, 2018 /StructParent 5 Your client Green is involved as the driver of a car in a fatal accident while driving home from his office late one evening. endobj /Placement /Block >> endobj /S /GoTo /P 5 0 R /Type /Action >> /Subtype /Link /Type /Action >> /Type /Pages >> stream
/Type /Pages /Last 8 0 R /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R] 49 0 obj /Type /Pages /Outlines 3 0 R Offline Computer Download Bookshelf software to your desktop so you can view your eBooks with or without Internet access. /Count 2 /Count 5 /Kids [115 0 R 116 0 R 117 0 R 118 0 R 119 0 R] 51 0 obj endobj /Count 5 2 0 obj Codifying the Meaning of'Intention'in the Criminal Law, Retrials of Persons Acquitted of Indictable Offences in England and Australia: Exceptions to the Rule Against Double Jeopardy, CCTV and Expert Evidence: Addressing the Reliability of New Sciences. /P 21 0 R To learn how to manage your cookie settings, please see our Cookie Policy. << Clear and highly accessible, this volume is presented in a coherent structure and provides full coverage of the topics commonly found in the criminal law syllabus. /Kids [28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R 35 0 R] /S /LI /Parent 10 0 R c xs-}z
5,/5o8}I-G_j;(`B?Z:RCwz:rjy5VLq /z$*IW{fdnl;\9wUwbK. In THE QUEEN v. TOLSON (1889) 23 Q.B.D. /K [43 0 R 1] /K [45 0 R 2] endobj >> 0000003267 00000 n
/Contents (Law Commons) >> application/pdf /S /Span >> An appearance notice is issued by a police officer and given to the accused. In the Manitoba case ofRegina v. Motuz and Motuz(1964) the accused parents locked their only children, aged 4 and 5 years, alone in a farm house (which was on the prairie approximately three-quarters of a mile from the closest neighbour) and went to a beer parlour where they spent several hours (from 3.40 p.m. until around 7.00 p.m.). endobj /S /Figure >> /Count 68 /S /LI << /Creator (Appligent AppendPDF Pro 6.3) << << >> /Border [0 0 0] /Count 5 58 0 obj Accessorial Liability. Inchoate Offences. /Pg 25 0 R /P 16 0 R endobj /Rect [444.5449 612.5547 540.0 625.4453] 51 0 R 21 0 R] /MediaBox [0.0 0.0 612.0 792.0] /Pg 25 0 R 30 0 obj /F 0 /S /URI /A 27 0 R Routledge & CRC Press eBooks are available through VitalSource. /First 7 0 R /StructParent 1 /Length 3707 << << 12 0 obj 0000003981 00000 n
Published << endobj Appligent AppendPDF Pro 6.3 << Prince 12.5 (www.princexml.com) << /ModDate (D:20200219142700-08'00') /O /Layout 54 0 obj /Border [0 0 0] /S /LBody 726-730 (footnotes have been omitted): The Federal Parliament of Canada was quick to act on the criminal law powers ascribed to it under the British North America Act (the criminal law, including the procedure in criminal matters) and to begin the task of consolidating the overwhelming mass of previously existing colonial laws. << uuid:67a6bf82-adb7-11b2-0a00-70c9f889fe7f /Header /Sect 397 Lord Mansfield C. J. stated: So long as an act rests in bare intention, it is not punishable by our laws. endobj << /Workbook /Document >> << /S /Transparency /K 8 >> To browse Academia.edu and the wider internet faster and more securely, please take a few seconds toupgrade your browser. /Kids [95 0 R 96 0 R 97 0 R 98 0 R 99 0 R] /Subtype /XML by /Annots [56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R] /Kids [36 0 R 37 0 R 38 0 R 39 0 R 40 0 R] /S /Figure 168 (Ct. for Cr. >> 42 0 obj /Contents () The accuseds story is that he had been drinking heavily (between 10 and 15 bottles of beer) before the incident and had then met a girlfriend with whom he had had sexual relations on a previous occasion. << >> 20 0 obj /Kids [130 0 R 131 0 R 132 0 R 133 0 R 134 0 R] /S /P 25 0 obj /Placement /Block All students of criminal alw should possess at least one good casebook of not more. /ColorSpace << /Pg 25 0 R /S /P /Type /Metadata endobj /P 5 0 R << Routledge-Cavendish, Published 2020-02-19T14:27:00-08:00 /Annotation /Sect /MediaBox [0.0 0.0 612.0 792.0] /Worksheet /Part January 13, 2009 /MediaBox [0.0 0.0 612.0 792.0] >> << /Parent 10 0 R /MediaBox [0 0 612 792] Non-fatal Offences against the Person. /Count 5 endobj /RoleMap 24 0 R << /C [0.718 0.329 0.0] >> /ParentTree 23 0 R About 10 oclock on the night of the 19th of April, when distant 250 miles southeast of Cape Race, Newfoundland, the vessel struck an iceberg, and began to fill so rapidly that it was evident she must soon go down. /P 5 0 R 0000183868 00000 n
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>> /Type /Annot - Rob Jerrard, Internet Law Book Reviews, Informa UK Limited, an Informa Plc company. /ProcSet [/PDF /Text /ImageC] /Type /OBJR /Artifact /Sect /Resources << stream
<< Cases and Materials on Criminal Law provides a comprehensive selection of key materials drawn from law reports, legislation, Law Commission consultation papers and reports, and Home Office publications.