English Legal System Law : Assignment

Added on - 15 May 2020

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Running head: ENGLISH LEGAL SYSTEM LAWEnglish Legal System LawName of the StudentName of the UniversityAuthor Note
1ENGLISH LEGAL SYSTEM LAWR. v Shivpuri [1987] A.C. 1; [1986] 2 W.L.R. 988a)Anderton v. Ryanis the main previous case which the court departed from inR. vShivpuri.b)In the previous case, the consideration has been put forward by Lord Bridge whileexamine about the caseAnderton v. Ryan. It has been described that in the section170(1) of the 1979 Act is applied the caseR. v Shivpuri [1987]. Here, the one of thedefendant did not know about the power substance in the bag. The nature of the substancewas completely unknown to him. He did not believe about the things which he wasdealing with. Here, thestatutory offencewas acted according to the section 1 of the1981 Act. This section has described about the merely preparatory to the commission ofan offence and secondly when the accused intended to commit some offense. However,the court has stated about the defense that it was quite impossible to commit the actualoffence, which overruled the notion of objective innocence in the caseAnderton v.Ryan.While applying thejudgment in the case of R v Shivpuri, the court has applied thePractice Statement of 1996. The interpretation of the criminal Attempt Act was taken inthis task1.c)The case has been overruling with the decision in this case. It is a process of court whereit decides about the legal reasoning and ruling in the previous case where the rule was notcorrectly applied. When a higher Court overrules the decision of the lower courtaccording o the decision of the Court of Appeal in the previous case. When the EuropeanCourt of Justice has been decided that overrule was made and it was not followed therules. The House of Lords also decide to acted according to the discretion and decide to1Wilson, Steve, et al. English Legal System. Oxford University Press, 2014.
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