Attempt To Commit An Offence - Law Dictionary Search Results
Home Dictionary Name: attempt to commit an offence Page: 2 Page 2 of about 28 results (0.004 seconds)Last proximate act test
Last proximate act test, means a common law test for the crime of attempt, based on whether the defendant does the final act necessary to commit an offence (such as pulling the trigger of a gun, not merely aiming if). This test has been rejected by most courts as too lenient, Black's Law Dictionary, 7th Edn., p. 887....
Rape
Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, unde...
Justifiable homicide
Justifiable homicide, the killing of a human creature without incurring any legal guilt. It is of various kinds:-(1) The due execution of public justice, inputting a malefactor to death who has forfeited his life by the laws of his country.(2) It may be committed for the advancement of public justice, as in the following instances: (a) Where an officer or his assistant, in the due execu-tion of his office, either in a criminal or civil case, arrests, or attempts to arrest, a person who resists and who is killed in the struggle. (b) In case of a riot or rebellious assembly, officers endeavouring to disperse the mob are justified in killing them, both at Common Law and by the (English) Riot Act (1 Geo. 1, c. 5). (g) Where the prisoners in a gaol assault the galore or officer, and he in his defence kills any of them; it is justifiable for the sake of preventing an escape. (d) Where an officer or his assistant, in the due execution of his office, arrests, or attempts to arrest, a person fo...
Murder
Murder [fr. morthor, morthen, Sax.; murdrum, Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com. 195. Consult Russell on Crimes; Arch. Cr. Pl.; Steph. Dig.(1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE.(2) Death must result within a year and a day after the cause of death administered, see R. v. Dyson, (1908) 2 KB 454.(3) The person killed must be a reasonable creature in being, and under the king's peace.(4) The killing must be with malice aforethought, express or implied, and malice is implied from the perpetration of any felony, however absent from the mind of the perpetrator any intention to kill may be. When the act by which death is caused is done with the intention of causing death (See Indian...
Explosives
Explosives, as to injuries by, see the Malicious Damage Act, 1861, ss. 9, 10; the Offences against the Person Act, 1861, ss. 28-30, 64, 65; Chitty's Statutes, tit. 'Criminal Law.'The (English) Explosives Act, 1875 (38 Vict. c. 17), as amended and extended by the (English) Explosives Act, 1923 (13 & 14 Geo. 5, c. 17), regulates the manufacture, keeping, sale, and conveyance of gunpowder and other explosives, and the licensing and management of stores, defining 'explosive' in that Act as meaning:gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate mercury or of other metals, coloured fires, and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect;And as including:For signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined.The ...
Chloroform
Chloroform, administering. It is a felony for any person to administer of attempt to administer chloroform, or other stupefying drug, within tent to enable himself or another to commit, or to assist another in the commission of, any indictable offence.-Offences against the Person Act, 1861, s. 22. Procuring defilement of a woman by administering drugs, see (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69), s. 3....
Reward
Reward, a recompense for anything done.Something of value, usu. money, given in return for some service or achievement, such as recovering property, or providing information that leads to capture of a criminal, Black's Law Dictionary, 7th Edn., p. 1321.By the (English) Criminal Law Act, 1826, s. 28, the Courts may order the sheriff of the county, in which certain offences have been committed, to pay the person active in or towards the apprehension of persons charged with felonies a reasonable sum to compensate for expense, exertion, and loss of time, and by s. 30, if a man be killed in attempting to take such offenders the Court may order compensation to his wife or relatives. See Archbold, Crim. Pleading, etc., 25th Edn., pp. 276 et seq.Corruptly taking a reward for helping to the recovery of stolen property without exercising all due diligence to cause the offender to be brought to trial is punishable by penal servitude up to seven years. [(English) Larceny Act, 1916, s. 34, and cf. ...
Poison
Poison (poison, Fr.; fr. potio, Lat., a drink--applied originally to a medicated drink or draught].The administration of poison or other destructive thing, if done with intent to commit murder, is a felony, punishable with penal servitude for life, or any term not exceeding three years, or with imprisonment for any term not exceeding two years [(English) Offences against the Person Act, 1861, s. 11], and so is the attempt to administer with like intent, whether bodily injury be effected or not (s. 14).On a trial for murder of A, by poisoning, evidence of a subsequent poisoning of other persons is admissible against the prisoner, Reg. v. Geering, (1849) 18 LJMC 215; Rex v. Armstrong, (1922) 38 TLR 631; as also of antecedent poisoning, Reg. v. Garner, (1863) 3 F&F 681.Unlawful and malicious administering of poison so as to endanger life or to inflict grievous bodily harm is a felony, punishable by penal servitude up to ten years, or imprisonment; and such adminis-tration with intent to i...
Misdemeanour
Misdemeanour, 1. A crime that is less serious than a felony and is usually punishable by fine, penalty. Forfeiture or confinement in a place other than prison, Black's Law Dictionary, 7th Edn., p. 1014.Misdemeanour, a crime less than felony, as perjury, obtaining money by false pretences, endeavouring to conceal a birth, and fradulently obtaining property on credit and not having paid for it within four months of bankruptcy, which are misdemeanours by statute; and any attempt to commit a felony or misdemeanour, whether the crime attempted be so by statute or Common Law (Arch. Cr.Pl., 2); any disobedience of a statute, Reg. v. Hall, (1891) 1 QB 747; any incitement of another to commit a felony where no such felony is actually committed, Reg. v. Gregory, (1867) LR 1 CCR 77; sale of provisions unfit for food, R. v. Dixon, (1814) 3 M&S 11; public nuisances (see NUISANCE); and very many other offences, which are misdemeanours at Common Law. 'In the present state of our law we can only defin...
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
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