Contents
Volume 68 Number 1 2004
ISSN: 0022-0183 eISSN: 1740-5580
Show list with all abstracts • Links to other issues
Index
iii
Cases
v
Opinion
Inside the jury room
James Morton
1
Criminal Law Legislation Update
Sally Ireland
4
Divisional Court
Actual bodily harm: sufficiency of momentary loss of consciousness
11
Strict liability and Article 6(2) of the European Convention on Human Rights: school non-attendance offence
16
Court of Appeal
Guilty plea: grounds for setting aside
25
Identification evidence: street identification procedures and PACE Code D; quality of identification evidence
27
House of Lords
Recklessness: Caldwell test abolished
31
Treason Felony Act 1848: publications in favour of republicanism; declaratory judgments
33
Privy Council
Jamaica: capital murder-jury directions
37
High Court of Justiciary
Contempt of court by lawyer in practice
42
Comment
The effect of the advice of the Sentencing Advisory Panel upon the form of judgments
Alec Samuels
45
A draft criminal code for Scotland
Robert Shiels
50
Articles
A critical review of English law in respect of criminalising blameworthy behaviour by HIV+ individuals
Damian Warburton
55
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JCL 68 (2004) 55
A critical review of English law in respect of criminalising blameworthy behaviour by HIV+ individuals
Damian Warburton
The spread of some illnesses between people is almost inevitable and in many circumstances it would be ludicrous to propose attaching any criminal liability. However, in the case of HIV, where successful transmission eventually causes the death of its host, and transmission methods are well known, to grant impunity to those carrying this responsibility is a difficult thing to accept. This article is an examination of the status of English law as it presently stands, where not only are remedies for assault still rooted in Victorian legislation, but also where, crucially, a case decided under Victorian morality has dogged this area of law ever since. At the eleventh hour of writing, the decision in R v Dica has turned the whole discussion upside down; and then there is the question of whether English law actually needs an HIV-specific statute.
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The definition of oblique intention
Itzhak Kugler
79
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JCL 68 (2004) 79
The definition of oblique intention
Itzhak Kugler
The Law Commission contended that a person should not be held as having oblique intention with respect to a result if his whole purpose in acting is to avoid this result. This article asserts that the Commission was wrong concerning this point. The justifications that it gave for the rule it suggested are not convincing, while the rationales for the doctrine of oblique intention apply even to cases in which the whole purpose of the actor, in acting, is to avoid the proscribed result.
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Book Review
85
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Links to other issues
Volume 65 (2001) : 1 2 3 4 5 6
Volume 66 (2002) : 1 2 3 4 5 6
Volume 67 (2003) : 1 2 3 4 5 6
Volume 68 (2004) : 1 2 3 4 5 6
Volume 69 (2005) : 1 2 3 4 5 6
Volume 70 (2006) : 1 2 3 4 5 6
Volume 71 (2007) : 1 2 3 4 5 6
Volume 72 (2008) : 1 2 3 4 5 6
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