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Criminal law Crimes

Criminal law Crimes

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An essay for the 2012 Undergraduate Awards Competition by Alina Dobos. Originally submitted for Law at Dublin Institute of Technology, with lecturer Nail Neligan in the category of Law
An essay for the 2012 Undergraduate Awards Competition by Alina Dobos. Originally submitted for Law at Dublin Institute of Technology, with lecturer Nail Neligan in the category of Law

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Published by: Undergraduate Awards on Aug 31, 2012
Copyright:Attribution Non-commercial

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10/27/2013

 
Criminal Law
Merital Rape
Offences against the personThe Law of HomicideBy Alina Maria Dobos
1.Merital Rapea)The Meaning of rapeConclsusion was that the presumtion that boys under 14 years were incapable of commititngoffences involving sexual intercuorse should be abolished .b)Sexual intecourse
“Sexual Intercuorse” with the meaning of Section 2(1) if theCriminal Law (Rape) Ac
t 1981the repeal of various offences in a number of 19th Century laws, including the
Vagrancy Act 1824
.The 1824 Act criminalised many acts solely on the basis that a person was poor, such as beinghomeless, or that they might otherwise annoy the public.
This included the infamous “
sus
” law in the
1824 Act, which allowed the Gardai to arrest and charge a person merely on the basis that they hadbeen standing on a street without money. This was used, for example, to prosecute Hare Krishnamembers for singin
g in the streets of Dublin. Most of the Commission’s recommendations were
implemented in the
Housing Act 1988
(which requires local authorities to house homeless people)and the
Criminal Justice (Public Order) Act 1994
(which contains clearer provisions needed tomanage public order). The 1982 Report had also recommended that the existing offences of beggingin, for example, the
Vagrancy Act 1824
, should be replaced by a new offence. This was notimplemented, but the offence was found unconstitutional in 2008. The Government has stated it willlegislate to deal with this gap in the law. recommended amending the
Criminal Law (Rape) Act 1981
to widen the definition of rape beyond its traditional scope to include use of implements in sexualassault. This was implemented in section 4 of the
Criminal Law (Rape) (Amendment) Act 1990
(now
usually referred to as “section 4 rape”). The 1988 Report also recommended abolishing the marital
rape exemption, and this too was implemented in the
Criminal Law (Rape) (Amendment) Act 1990
.
 
2.Offece against the personEecommended reform of common law and statutory rules on non-fatal offences, including repeal of most of the
Offences Against the Person Act 1861
. The Report recommended that the common lawoffences of assault and battery should be abolished, and replaced by a single statutory offence of assault. It recommended that new offences of harassment and endangerment should also becreated. These recommendations were implemented in the
Non-Fatal Offences Against the Person Act 1997 
.
 
a)Crimes against bodily integrity and crimes of endangerment
i
(LRC CP 17-2001)
(LRC CP 44-2007)
 
iiii
 
3.The law of Homicide

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