CHILDREN: Non-Accidental Death and the Lacuna of Prosecution. A Critical Analysis of the Law Commission's Proposals and a Re-evaluation of the Underlying Case Law

The aim of this dissertation is to examine the Law Commission's proposals in respect of their final report on CHILDREN: Non-Accidental Death and Serious Injury, Law Com 282 and to determine whether the proposals are capable of meeting the criteria set by the Law Commission; i.e. that any recommendations must be justifiable on their own terms. In order to do this a strict literal legal methodology will be employed. This is not because of its suitability to meet the social malaise that is the cause of the problem, or because of the fact that it identifies how that problem might be resolved, it is utilised because it is regarded as the primary method of interpretation. The dissertation is split into two distinct chapters and both of these chapters are equally sub-divided into two parts. In chapter one part I, the proposed Bill is analysed clause by clause and subjected to imminent critique. Part II of chapter one then utilises the cases identified by the Law Commission to determine whether the provisions of the new Bill would substantially alter the out-come of any of the cases demonstrative of the identified lacuna. Reference is also draw to the partial enactment of the Bill within the Domestic Violence Crime and Victims Act 2004; however this Act is not the main focus within the dissertation. The Second and last chapter re-evaluates the pre-existing case law in this area. Again the methodology employed is one of literal legal interpretation, the reason for this being the fact that during the research for this paper it became apparent that there was a commonly held misinterpretation as to the extent and focus of the legal principles found within the substantive cases in this area of law. For instance, the case of Lowe 1973 is the substantive case on the distinction between an unlawful act and an omission within the offence of unlawful act manslaughter, omissions not being considered sufficient for this offence. Lowe is still considered good law despite being overruled by the House of Lords in Sheppard 1981. Reconciliation of these two cases and the earlier case of Senior 1899 is employed to demonstrate this misinterpretation

Adding Crop Consulting Services to Your Business

The increasing emphasis on production efficiency and environmental concerns has many farm suppliers considering offering crop management services to expand their businesses. While most agricultural suppliers have provided some agronomic services to customers, these services were often limited to soil fertility recommendations and investigating product performance or crop damage complaints. Adding a consulting service for hire is a major change of direction for many businesses and the transition can be difficult

Explicit Resolutions of Cubic Cusp Singularities

Resolutions of cusp singularities are crucial to many techniques in computational number theory, and therefore finding explicit resolutions of these singularities has been the focus of a great deal of research. This paper presents an implementation of a sequence of algorithms leading to explicit resolutions of cusp singularities arising from totally real cubic number fields. As an example, the implementation is used to compute values of partial seta functions associated to these cusps

Integrating writing into a Chapter One reading program in grades seven and eight

The Chapter One reading program has traditionally consisted of teaching and re-teaching of isolated skills and has included much segmented reading. The small amount of writing that has taken place has been in the form of short answer or fill-in-the blanks activities

Swell Damage and the Right of Navigation

In general, an owner of a vessel or other property damaged by the tortious acts of another committed in the course of boating or shipping is entitled to recover for such injuries. But what of the time-honored doctrine of the paramount right of navigation? It has been said that a moving ship is not an insurer and is not liable for all damages that occur as a result of its swell. Thus, the issue presents itself. Every vessel sailing on navigable waters creates a propagating swell by reason of its displacement in the water. By what yardstick is liability measured as a result of subsequent swell-damages? Does the paramount right of navigation absolve a vessel doing a reasonable amount of damage? The answers lie in defining swell damage and the right of navigation, and in analyzing the case law imposed upon those who exercise that right

Unseaworthiness and Personal Injuries Ashore

This note examines the fundamental and dynamic concept of unseaworthiness, and investigates particularly the geographical limits ashore where such injuries may occur and yet be actionable. Crew misconduct will not be considered as a factor in unseaworthiness, as that subject has been treated elsewhere