Criminal Law Report: Principles, Interpretation, and Case Analysis

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This report delves into the key principles and rules of criminal law, supported by case studies and statutes, using various interpretation techniques. It explores factual situations of limited complexity, identifying potential outcomes and conceptual difficulties, including areas of uncertainty. The report reflects on personal skills developed during the assignment and areas needing further improvement. It emphasizes the importance of case law in understanding legal guidelines and the role of statutory interpretation in ascertaining legislative intent. The analysis includes discussions on recklessness, challenges faced by courts in interpretation, and the impact of uncertainty on legal outcomes. The report concludes by highlighting the significance of research and analytical skills in legal studies.
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Criminal law
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
key principles and rules of the Criminal Law with cases and statutes with the help of
interpretation techniques..............................................................................................................3
Factual situation for limited complexity with potential outcome................................................4
Identification of conceptual difficulties and recognition of alternative approaches as well as
outcomes and uncertain areas......................................................................................................5
Reflection of personal skills........................................................................................................6
Areas that need further development...........................................................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................1
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INTRODUCTION
Criminal law refers to those law in which any kind of wrong behaviour which can be
recognized as major crime against people, country and society. Governmental bodies have
formed such law to make punishments for criminals with any kind of misbehaviour. In this
following report it would be discussing about the key principles and rule for criminal law
through describing it through cases and statutes with their principle of interpretation.
Furthermore, it would identify several factual situations of limited complexity with suitable
explanation of potential outcomes. At the end of this study it would be covering various aspects
related to difficulties, approaches, areas of uncertainty and possible outcomes. Also, reflection
will be highlighted which will cover own learning and skills gained and what suggestions can be
used for further development.
MAIN BODY
key principles and rules of the Criminal Law with cases and statutes with the help of
interpretation techniques
Criminal law can be described as body in which it deals with several judgements aligned with
wrong act or other offences as it is accountable for penalty and trial to convicted officers. The basic
function of this law aims to provide justice to offender as punishing the criminal by taking legal actions.
In this modern era, crimes are becoming one of the most significant concerns all across. For instance –
murder, theft, abuse, threatening are some major examples of wrong behaviour 1. One of the most
significant principle of criminal law can be stated as individual does not convicted of crime as having
intended to commit act in question. Whereas cases and statutes referred to case law which show that such
law are based on judiciary decisions as compared to law relevant to statutes, constitutions and regulations.
Case law involves unique disputes resolved through courts utilizing concrete fact of relevant cases. On
the other hand, statutes as well as regulations are written concretely.
Moreover, by applying principles of criminal law, interpretation of statutes can be termed as
process of determining appropriate meaning for the words covered in act. In such case if language is
specific and clear then there it does not require interpretation rules or principles. While in certain cases
multiple options might be disclosed from the similar words and sentences.
Grammar and literature rule -
In the first rule of interpretation the words in such text should be interpreted and provided in
systematic order with brief meaning. After interpretation, with clear and unequivocal meaning the effect
1 Chuasanga, Anirut, and Ong Argo Victoria. 2019
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would be provided to provision of statute rather than focusing over consequences. The most common rule
regarding intention of legislature while forming provision, it is essential to interpret rule as per the
suitable rules of grammar. It is harmless rule of interpretation of statutes as intention of legislature is
deducted from words as well as language used. Thus, as per rule of grammar there is single duty of court
to provide effect in the case when language of statute is general without any kind of business
consequences that may rise
Golden rule -
In this case term Golden is used which indicates it solves all kind of problematic concerns of
interpretation. It denotes that it is necessary to begin with literal rule, interpretation provided through
literal rules direct to different kind of injustice, ambiguity, inequity, hardship in such events whereby
meaning of literal should be discarded 2. Also, it should be performed in such a way in which purpose of
legislation can be fulfilled. The rule suggest that various consequences and impact of interpretation tend
to get major importance as they are clue for definite meaning of words taken into consideration by
legislature and their intention. Although, by applying the golden rule the interpretation done in that case
would be opposite as compared to literal rule and it is specifically determined due to golden rule.
Factual situation for limited complexity with potential outcome
UK is common law country while some judgements as well as case law are specifically vital in
doctrine of standard applies. It depicts that judgement of case could fix all subsequent cases varying over
court seniority. It combines with the practices of factual situation as such it utilizes various detailed fact
of case which have been resolved through courts. Similarly, in the context of provided situation Case law
is suitable which aids in better understanding to the guidelines as such when court interprets features of
guidelines which might be unclear. Also it can be in terms when court forms decision for the guidelines
appliance towards case with specific set of fact. This law can be favourable for the concept of
recklessness. It would help interprets to carry out the essential facts in order to make the relevant study
and enhanced knowledge about such process. It aligns with the systematic process of providing deeper
knowledge as well as understanding to law and applications in specialized legal issues. The major focus
of interpretation of statutes aim of provide suitable guidance to judge to ascertain legislature overall
intention. The correct form in this way is one which harmonises words complying with objectives of
statute.
2 Toma, Georgian, and Iulia Elena Nistor. 2021
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Identification of conceptual difficulties and recognition of alternative approaches as well as
outcomes and uncertain areas
Difficulties -
There are various challenges that generally faced by courts which underlies complexity for
interpretation task due to lack of understanding and effective support from participants as well as
legal system. Lack of preparation material is major cause that derive the difficulties for
interpreters to describe the case in actual way 3. Each and every expert in this field can face
challenges due to lack of resources required and unable to prepare for schedule. The background
or detailed source of information is crucial for the person to enhance their knowledge and getting
familiar with topics to be discussed. The case of recklessness serves difficulties for interpreter to
perform systematically in court. Person is reckless in the situation when he or she is not aware
about potential risk which exist in current and future scenarios. Also, regarding to situations
which is already\y in concern by individual but there is unwarrantable to take risk. Thus, having
a brief knowledge is necessary for interpreter to describe the case effectively while utilizing the
core language. Also, interpretation of case can be tricky due to fact that shows court do not
necessarily figure out reasoning which favour them with various difficulties.
Approaches –
The appropriate approaches that can be taken in such phase would be seeking to the various
assumptions with brief understanding about the case. The case of recklessness can be interpreted
as many statutes has specific definition segments which describe over expressions utilized in
legislation. The act should cover the word and specific background which need meaning and
words in proposed way. The courts can take over judicial notice of all statutes in which it do not
require to be proved in detail 4. Courts can interpret act with references to specific situations as
such the case arrives.
Outcomes and areas of uncertainty –
Uncertainty in law usually support to litigation as it forms parties more favourable for having
various expectations while concerning the specific outcome. There are some areas where
uncertainty prevailed. The fact can not be denied that there are some areas with uncertainty.
3 Ghani, Usman. 2020
4 Goldsworthy, Jeffrey Denys. 2021
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The very first thing is the difficulty comes with absolute context, there are different
contexts and all the contexts lead to different interpretation. If a certain low or something has
been interpreted by the court by taking one set of context into consideration. Then there may be
some discrepancies in it.
There are some other uncertainty factors too. For instance, the need or inconsistency in
needs5 . If it is prevailing, then the court would not be able to decipher the degree of seriousness
to abridge the argument and coming up with solution. In such predicaments it not only affects the
taken time, but also impacts the course of action.
Reflection of personal skills
There are various skills that has helped in making an authentic report on the provided
case study. Combination of skills and efforts has enhanced the project that can be reflected
through its quality. Although, there were many skills that played a vital role increasing an
effective report by helping ion different dimensions of the report. Some of these skills are being
highlighted below:
Researching skills -
For mentioning accurate data of legal aspects in the country a thorough research was
needed to be conducting. Although, the information is can be easily assessed from online
sources, but we needed to refer from a valid source to maintain the authenticity of the report.
Such assignments need a high influence of authentic data to highlight the legal concepts and
functions accurately without any errors or wrong information 6. These skills were used to collect
the data from valid online and offline sources which was verified from each other which
included the authenticity factor in the work.
Analytical skills -
The collection of data further needed the interpretation to put it in the case study and
situations mentioned in the task to enlighten the whole matter and the legal factors that was
involved. Analytical skills that I have learnt in my academic tenure provided a mobile support in
the interpretation of researched data. By using these skills, I was able provide an overview of the
5 Unachukwu, Stephen Chuka. 2022
6 Scalia, Antonin. 2018
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situations which reflected the law and regulations followed by the authorities. The interpretation
of data was expected to present the various tasks described in the assignment.
Areas that need further development
Report made by me contained the best of my knowledge and skills which can be evaluated
by having glance on it but there were many areas that I feel is necessary for development that can
help in achieving future goals. Primarily, the planning of task was needed by doing certain
divisions and assigning the specific time limit to each divided task. This could have done with
the proper planning and organizing skills which may have helped in more improved quality of
the assignment as every division would have been given time limit according to the necessity.
This factor may have helped to align the efforts with time management that have marked the
important aspects of the report needing more time and attention. Planning skill is aimed to
develop as it can help in future activities assigned to me in an effective manner that can give
higher success and appreciation to me. Proper planning of different procedure will be learnt by
reading various help-books on the concerned topic along with its application in practical life.
CONCLUSION
From the above text it has been concluded that case law is significant which help
interprets to get through with adequate support in better understanding about the case to increase
their knowledge. It has been summarized that principles and rules of criminal law significantly
drive the, on the other hand it has been covered about factual situation which relates to case law
for the specific scenario. Case laws plays vital role for covering all facts in detail \which has
been resolved or passed by courts and similar tribunals. Interpretation of statutes is the correct
understanding of law which shows that process is generally adaptive by courts for analysing
accurate intention of legislature. Although, objective of court is not only to read law, but also for
applying them in systematic order to suit from one case to another. At the end of this report it has
been highlighted as part of reflective statement that indicates skills and areas for further
development.
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REFERENCES
Books and journals
Chuasanga, Anirut, and Ong Argo Victoria. "Legal Principles Under Criminal Law in Indonesia
Dan Thailand." Jurnal Daulat Hukum 2, no. 1 (2019): 131-138.
Toma, Georgian, and Iulia Elena Nistor. "About the Protection of Family Members by Means of
the Rules of Criminal Law." In Conf. Int'l Dr., p. 558. 2021.
Ghani, Usman. "Law-making is the Regime of Legislature: A Critical Overview of Models of
Interpretation of Statutes." Available at SSRN 3990612 (2020).
Goldsworthy, Jeffrey Denys. "The Meaning and Interpretation of Statutes in Anglo-American
Legal Systems." This book chapter is to be published in Tomasz Gizbert-Studnicki, Francesca
Poggi, Izabela Skoczeń, eds," Interpretivism and the Limits of Law"(Edward Elgar,
2022) (2021).
Unachukwu, Stephen Chuka. "JUDICIAL INTERPRETATION OF STATUTES LIMITING
TIME TO TAKE STEPS IN ELECTION PROCEEDINGS AND THE DOCTRINE OF STARE
DECISIS IN NIGERIA." THE UNIVERSITY OF ILORIN LAW JOURNAL 2012 (2022).
Scalia, Antonin. "A matter of interpretation." In A Matter of Interpretation. Princeton University
Press, 2018.
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