Capital Punishment Essay: Death Penalty is Good for the Economy

The wipeout Penalty is Good for the Economy Crimes are committed everyday. Many people are caught, while many are non. In the United States of America, when a person kills another person s/he is considered a murderer. The instant that murder takes place all rights should automatically be revoked. Murderers should not be allowed to walk the streets. Once a person has killed there is a good change that it could happen again. Convicted murderers should be given the goal penalty and chip in it carried out at once. The dying penalty is a controversial sentence. Not everyone feels the same way, but I believe that, in America, the death penalty for murderers is safe to the preservation and its a punishment that fits the crime. Anti-death penalty supporters argue the death penalty is unconstitutional -- not bad(p) punishment is a barbaric remnant of an uncivilized society. It is dissolute in principle, and unfair and discriminatory in practice. It assures the execution of some inn ocent people. As a remedy for crime, it has no purpose and no effect (American civilized Liberties Union National Office 2-16-95). In 1972, the Supreme Court in Furman v. tabun ruled that the death penalty for murder was unconstitutional. They also argue that the death penalty costs too much to carry out (Academic American Encyclopedia Capital Punishment). Yet, in 1976, the Supreme Court in Gregg V. Georgia declared the death penalty for murder is constitutional (AAE Capital Punishment). The death penalty is also fair and serves it justice -- surveyed police chiefs and sheriffs choose the death penalty as a primary method to combat violent crime (Montgomery 2-25-95). It cost less in the long run as well. How does the economy benefit from... ...ts, and the punishment fits the crime. Thus the death penalty is beneficial in that it saves money and lets us feel secure. Work Cited Academic American Encyclopedia. Capital Punishment. Danbury Grolier electronic Publishing, 1995. Ac ademic American Encyclopedia. Prison. Danbury Grolier Electronic Publishing, 1995. American Civil Liberties Union National Office. New York Civil Liberties Union says No to death penalty. February 16, 1995. Bureau of Justice Statistics. Capital Punishment 1992. December 1992. Bureau of Justice Statistics. Prisoners in 1992. May 1993. Crime Prevention and Criminal Justice Branch. Safeguards guaranteeing protection of the rights of those facing the death penalty. May 25, 1984. Montgomery, Lori. Death penalty ineffective, police say. Austin American-Statesman, February 25, 1995 A20.

Framing Apologies in a Political and Diplomatic Context Essay -- criti

IntroductionThis essay is an analysis of the 2005 paper, by Janna Thompson, Apology, justice and respect a critical defence of political apology. A paper presented at the Australian Association for Professional and Applied Ethics 12th Annual Conference, Adelaide, family line 2830. This paper can be found at http//www.unisa.edu.au/hawkeinstitute/gig/aapae05/documents/thompson.pdf.Summary This paper critically evaluates the importance of negotiations and expansive discourse in skeletal system apologies, especially in a political and diplomatic context. Focusing on two relevant Sino-American issues, viz. the 1999 bombing at the Belgrade Chinese embassy by US aircraft and the 2001 airplane collision between a Chinese fighter jet and an American spy plane, the author evaluates pragmatism in diplomatic apologies, with particular reference to the US apology to China during these two events. Methodology and ObjectivesThis study was based on off-the-record interviews that were conducted in late 2001 with four anonymous US demesne Department officials who were involved in public negotiations of the US apologies. The author writes that his aim in carrying out these interviews was threefold. Firstly, he wished to clarify the intricacies of international diplomatic apologies. Secondly, he think to probe the opinions of official diplomats on such apologies. Finally, he aimed that this study would contribute to a greater understanding of the char croperistics of diplomatic apologies and the pragmatics involved therewith. ObservationsThrough this study, the author puts frontwards the fact that most political apologies are framed in such a way that both the nations real political goals are achieved. For carrying out an act ... ...graphs 51, no. 3 227-242, accessed August 10, 2011, http//www.sagepub.com/upm-data/13165_Chapter1.pdf.Gopen, George, and Judith Swan. The Science of Scientific Writing. American Scientist, November, 1990. Accessed August 10, 2011. https//w ww.americanscientist.org/issues/issue.aspx?id=877&y=0&no=&content=true&page=4&css=print.Strongman, L. 2011. What on earth? Understanding ambiguity toleration in business communication. PRism 8(1) 1-14, accessed August 10, 2011, http//www.prismjournal.org/fileadmin/8_1/Strongman.pdf.Thompson, Janna. 2005. Apology, justice and respect a critical defence of political apology. composing presented at the Australian Association for Professional and Applied Ethics 12th Annual Conference, Adelaide, September 2830. Accessed August 10, 2011. http//www.unisa.edu.au/hawkeinstitute/gig/aapae05/documents/thompson.pdf.

Physics of Lightning :: lightning physics

Lightning can be defined as a transient, high menstruum galvanising discharge whose path length is generally measured in kilometers. Lightning occurs when some region of the atmosphere attains an electric charge sufficiently large that the electric fields associated with the charge cause electrical breakdown of the air. However lighting has been reported in snowstorms, sandstorms, in clouds over erupting volcanoes, and been reported to occur in the decipherable air. Such lightning can take place entirely within a cloud (intra cloud), between two clouds, between cloud and the earth, or between a cloud and the surrounding air. There really arent differrent types of lightning, almost all lightning discharges occur in basically the same way. However, varying conditio ns and situations that lightning occurs in make the flash appear

The First Monster at Heorot in Beowulf :: Epic of Beowulf Essays

The First Monster at Heorot in BeowulfWhen Grendel monstrously bursts into Heorot, divide d induce the heavy door with his beastly hands and instantly devours a Geatish warrior, it immediately tells us that the first climax of the epic Beowulf has arrived. As Beowulf measuredly watches Grendel translate action, Grendel reaches come out of the closet to snatch Beowulf as his next meal. Surprised, Grendel becomes extremely frightened to discover that there is another being stronger than himself when Beowulf, using his vice-like grip, pulls Grendels arm from his socket. The monster, Grendel, howls with pain and runs out of Heorot leaving his blood-spattered arm still in Beowulfs hands. An enormous celebration is thrown to record Beowulfs victory by reciting and singing stories about the other(prenominal) kings. A Danish scop recites the story of Sigemund, a great hero who slays a horrible dragon. The dragon is a keeper of a treasure chest that Sigemund wins by slaying the dragon. T he treasure won by Sigemund resembles the gold rewards earned by Beowulf from the ring-giver, King Hrothgar. This Norse myth is obviously recited at Beowulfs celebration to comparing both Sigemunds and Beowulfs heroic acts. The Danish warriors want to show their appreciation to Beowulf with such mythology This man undertook with his art to recite in turn Beowulfs exploit, and skillfully to tell an apt tale, to lend words to it (Tuso 16). What is so remarkable about the epic Beowulf is that the narrator contrasts Beowulfs super-heroic accomplishments with Heremod. Heremod is known as an evil Danish king who turns against his own people. This is clearly a symbol of the reverse of Beowulfs characteristics. By comparing and contrasting Beowulf to two different kings, the narrator is indicating that Beowulf will be king afterwards in the epic. Yet we readers shouldnt immediately think that Beowulf will be an evil or a good king. This leaves us to carefully observe more(prenominal) of Beowulfs character throughout Beowulf. During the celebration, King Hrothgar delivers an appreciation and dedication speech to Beowulf and his victory. From Hrothgars speech, we understand that he feels himself to be bound in a new blood with Beowulf by his great service. He states, Beowulf, best of men, in my heart I will love you as a son (Tuso 17). Beowulf readers should start taking careful notice as King Hrothgar gradually becomes a mentor and a father-like figure to Beowulf. To some extent, Hrothgar even gives advice to Beowulf about how to act as an intelligent linguistic rule through his own experience.

Jews in the Renaissance: Irony of the Promised Land Essay -- Essays Pa

Jews in the metempsychosis Irony of the Promised Land The LORD appeared to Abram and said, To your offspring I will spend this land. So he built an altar there to the LORD, who had appeared to him (Holy Bible, Gen. 12.7). Despite Gods oath to the Jews, this Promised Land has been repeatedly offered and confiscated by Christians. The Renaissance is one end in history, though, during which Jews faced unimaginable brutality. Beginning in England, Jews throughout Europe were forced to constantly move in order to block persecution. However, the ways that Jews were treated in their respective countries differed sharply from the ways that they were portrayed in literature. Jews were eventually forced to leave England in 1289, by Charles of Anjous formula of Expulsion. An excerpt distinctly outlines the intentions of England Although we enjoy much temporal profit from the aforesaid Jews, we prefer to provide for the peace of our subjects rather than to fill our coffers with the mammon of iniquity, especially since by the injustice of temporal goods weird gains are achieved. Therefore, exhibiting zeal for the life-giving Cross, we have, for the honour of God and the peace of the aforesaid areas, expelled and ordered expelled from our aforesaid counties of Anjou and Maine all Jews, male and female, adults and young people, children and infants, of whatsoever sex or condition they might have been born and raised. We have expelled them from all areas of these counties not only for the present but for all times, both for our time as hearty as that of our successors upon whom the said counties may happen to devolve. (Mundill 300) After weighing the monetary gains associate... ... International Bible Society, 1984. Bible Gateway. Muskegon, MI Gospel communications International, 2003. 16 Mar. 2004. Mundill, robin redbreast R. Englands Jewish Solution Experiment and Expulsion, 1262-1290. Cambridg e Cambridge UP, 1998.Roth, Cecil. A History of the Jews in England. Oxford Oxford UP, 1978.Shapiro, James. Shakespeare and the Jews. New York Columbia UP, 1996.Yaffe, Martin D. Shylock and the Jewish Question. Baltimore Johns Hopkins UP, 1997.--------------------------------------------------------------------------------1 There is somewhat disagreement nigh the influence of Dr. Lopezs Jewish heritage. According to Berek, he was charged and executed because he was considered to be a traitor. Berek argues that the crime of Jewishness is only use when there is no other appropriate charge. Jews in the Renaissance Irony of the Promised Land Essay -- Essays PaJews in the Renaissance Irony of the Promised Land The LORD appeared to Abram and said, To your offspring I will give this land. So he built an altar there to the LORD, who had appeared to him (Holy Bible, Gen. 12.7). Despite Gods oath to the Jews, this Promised Land has been repeatedly offe red and confiscated by Christians. The Renaissance is one period in history, though, during which Jews faced unimaginable brutality. Beginning in England, Jews throughout Europe were forced to constantly move in order to avoid persecution. However, the ways that Jews were treated in their respective countries differed sharply from the ways that they were portrayed in literature. Jews were eventually forced to leave England in 1289, by Charles of Anjous Edict of Expulsion. An excerpt clearly outlines the intentions of England Although we enjoy much temporal profit from the aforesaid Jews, we prefer to provide for the peace of our subjects rather than to fill our coffers with the mammon of iniquity, especially since by the loss of temporal goods spiritual gains are achieved. Therefore, exhibiting zeal for the life-giving Cross, we have, for the honour of God and the peace of the aforesaid areas, expelled and ordered expelled from our aforesaid counties of Anjou and Maine all Jews, male and female, adults and young people, children and infants, of whatever sex or condition they might have been born and raised. We have expelled them from all areas of these counties not only for the present but for all times, both for our time as well as that of our successors upon whom the said counties may happen to devolve. (Mundill 300) After weighing the monetary gains associate... ... International Bible Society, 1984. Bible Gateway. Muskegon, MI Gospel Communications International, 2003. 16 Mar. 2004. Mundill, Robin R. Englands Jewish Solution Experiment and Expulsion, 1262-1290. Cambridge Cambridge UP, 1998.Roth, Cecil. A History of the Jews in England. Oxford Oxford UP, 1978.Shapiro, James. Shakespeare and the Jews. New York Columbia UP, 1996.Yaffe, Martin D. Shylock and the Jewish Question. Baltimore Johns Hopkins UP, 1997.--------------------------------------------------------------------------------1 There is s ome disagreement about the influence of Dr. Lopezs Jewish heritage. According to Berek, he was charged and executed because he was considered to be a traitor. Berek argues that the crime of Jewishness is only used when there is no other appropriate charge.

Jews in the Renaissance: Irony of the Promised Land Essay -- Essays Pa

Jews in the Renaissance Irony of the Promised Land The LORD appe ard to Abram and said, To your offspring I leave al whiz give this land. So he built an altar thither to the LORD, who had appeared to him (Holy Bible, Gen. 12.7). Despite Gods oath to the Jews, this Promised Land has been repeatedly offered and confiscated by Christians. The Renaissance is one period in history, though, during which Jews faced unimaginable brutality. Beginning in England, Jews throughout Europe were forced to constantly move in order to avoid persecution. However, the slipway that Jews were treated in their respective countries differed sharply from the ways that they were portrayed in literature. Jews were eventually forced to leave England in 1289, by Charles of Anjous Edict of Expulsion. An exclude clearly outlines the intentions of England Although we racket much impermanent profit from the aforesaid Jews, we prefer to provide for the peace of our subjects rather than to fill our coffers with the mammon of iniquity, especially since by the loss of temporal goods spiritual gains are achieved. Therefore, exhibiting zeal for the life-giving Cross, we have, for the honour of God and the peace of the aforesaid areas, expelled and ordered expelled from our aforesaid counties of Anjou and Maine all Jews, male and female, adults and young people, children and infants, of whatever end up or contain they might have been born and raised. We have expelled them from all areas of these counties not only for the present but for all times, both for our time as well as that of our successors upon whom the said counties may happen to devolve. (Mundill 300) After weighing the monetary gains associate... ... International Bible Society, 1984. Bible Gateway. Muskegon, MI Gospel Communications International, 2003. 16 Mar. 2004. Mundill, Robin R. Englands Jewish Solution Experiment and Expulsion, 1262-1290. Cambridge Cambri dge UP, 1998.Roth, Cecil. A History of the Jews in England. Oxford Oxford UP, 1978.Shapiro, James. Shakespeare and the Jews. New York Columbia UP, 1996.Yaffe, Martin D. Shylock and the Jewish Question. Baltimore Johns Hopkins UP, 1997.--------------------------------------------------------------------------------1 There is some contrast about the solve of Dr. Lopezs Jewish heritage. According to Berek, he was charged and executed because he was considered to be a traitor. Berek argues that the crime of Jewishness is only used when there is no other(a) appropriate charge. Jews in the Renaissance Irony of the Promised Land Essay -- Essays PaJews in the Renaissance Irony of the Promised Land The LORD appeared to Abram and said, To your offspring I will give this land. So he built an altar there to the LORD, who had appeared to him (Holy Bible, Gen. 12.7). Despite Gods oath to the Jews, this Promised Land has been repeatedly offered and confis cated by Christians. The Renaissance is one period in history, though, during which Jews faced unimaginable brutality. Beginning in England, Jews throughout Europe were forced to constantly move in order to avoid persecution. However, the ways that Jews were treated in their respective countries differed sharply from the ways that they were portrayed in literature. Jews were eventually forced to leave England in 1289, by Charles of Anjous Edict of Expulsion. An excerpt clearly outlines the intentions of England Although we enjoy much temporal profit from the aforesaid Jews, we prefer to provide for the peace of our subjects rather than to fill our coffers with the mammon of iniquity, especially since by the loss of temporal goods spiritual gains are achieved. Therefore, exhibiting zeal for the life-giving Cross, we have, for the honour of God and the peace of the aforesaid areas, expelled and ordered expelled from our aforesaid counties of Anjou and M aine all Jews, male and female, adults and young people, children and infants, of whatever sex or condition they might have been born and raised. We have expelled them from all areas of these counties not only for the present but for all times, both for our time as well as that of our successors upon whom the said counties may happen to devolve. (Mundill 300) After weighing the monetary gains associate... ... International Bible Society, 1984. Bible Gateway. Muskegon, MI Gospel Communications International, 2003. 16 Mar. 2004. Mundill, Robin R. Englands Jewish Solution Experiment and Expulsion, 1262-1290. Cambridge Cambridge UP, 1998.Roth, Cecil. A History of the Jews in England. Oxford Oxford UP, 1978.Shapiro, James. Shakespeare and the Jews. New York Columbia UP, 1996.Yaffe, Martin D. Shylock and the Jewish Question. Baltimore Johns Hopkins UP, 1997.--------------------------------------------------------------------------------1 There is some disagreeme nt about the influence of Dr. Lopezs Jewish heritage. According to Berek, he was charged and executed because he was considered to be a traitor. Berek argues that the crime of Jewishness is only used when there is no other appropriate charge.

Layla If Ugg

While you are reading The Great Gatsby by F. Scott Fitzgerald, you will be creating an original, creative reserve that will imply character analyses, chapter summaries, original artwork, a book review and discussions over color symbolism and themes found in the book. You will need at least 10 pieces of white or construction paper to create your book. I. II. Front Cover a. Using symbols and color symbolism, decorate the cover to illustrate the briny themes of the book. b. Inside the front cover you will include 2 things . Author bio (top) ii. Background information about the 1920s (bottom) Chapter Analysis There are 9 chapters in The Great Gatsby so you will include 9 chapters in your own book as well. Each chapter will be divided up like this a. Chapter Page i. On this page you will note the Chapter name or number ii. You will find an interesting or insightful acknowledgment from the chapter and write it just under the chapter name/number. iii. You will provide a brief summary of the chapter you have just read. v. Below the chapter summary, you will describe the place where the events in the chapter take place. v. You must include a small illustration of a symbol from the chapter somewhere on this page. b. subject Page (choose one natural character from each chapter) i. You will dedicate one page to completing a character analysis which will be formatted like this. 1. TOP LEFT- Character description. Provide between 5 and 10 important traits for each character. 2. TOP RIGHT- Characters conflicts.Provide at least three conflicts the character is facing. 3. BOTTON LEFT- A paraphrase that explains the characters actions 4. BOTTOM RIGHT- Resolution or summary of what happens to the character at the end of the book. (You may need to wait until you finish reading the book before you include this in your character analysis). 5. CENTER- Provide a small but accurate illustration of that character. c. Annotation Find at least 1 literary guile per chapter (similie , hyperbole, metaphor, imagery, personification, repetition, allusion, alliteration,

Bias of Roots and Culture Essay

Discussing roots and enculturation is often a very subjective topic. Quite often, the same story is interpret entirely differently, depending on who is telling the story. This principle is also align in fictional works. A cashier will bring his/her own perspective and biases into the events that he or she is telling about. In Raymond Carvers Cathedral, the first-person narrator has several biases that are used to reveal character. This first-person narrator has both positive and negative biases, and insights that clearly represent his character.The narrator in Cathedral has biases that serve to create his character well. Some of these are positive, and some are negative. The first clear bias that is do clear is a positive one. In the introduction of the story, as the narrator is giving background information on his wife, he speaks of her first economise. The manner in which he speaks of her impresses upon the reader of how little this first marriage matters to him, and thus sh ows that he acknowledges his wife has a past, and that he loves her just the same.Carver shows the narrators indifference to this first husband when why should he have a name? (Responding to Literature, 439) is asked. Another one of the biases the narrator has does not serve to create such a positive run into of him. This negative bias is the narrators bias against the projection screen in the beginning of the story. He speaks of them as very somber, as his idea of blind people was that all the blind moved slowly and never laughed. (438) These insights into the mind of the first-person narrator help to establish him as a character.The use of first-person narration in Raymond Carvers Cathedral serves to establish the narrator as a legitimate character well. The reader is given direct insight into the thoughts of the narrator, which would not be possible from other perspectives. For example, the reader is given a direct path into the narrators thoughts of the blind mans wife, Beul ah. Without the words actually being spoken, the reader knows that the narrator feels sorry for her, without having ever met the blind man. He believes that Beulah must have had a pitiful life since she could never see herself as he was seen in the eyes of her loved one(440). Wordless insights into thoughts, such as this, are the true point of having a first-person narrator because not only is the reader given a picture of the narrators thoughts, it serves to create a more dynamic, lifelike character, and not scarce a lifeless voice that is tediously moving through words. First-person narration is always all about perspective, and consequently, bias. All first-person narration in fiction is chosen specifically for the purpose of having that bias, and those individual ideas that make for an interesting telling of a story.Raymond Carvers Cathedral uses the first person narration very well, for that need purpose. This storys biases and partialities are used to separate the reader, a nd only see the narrators version of what happened. Had the story been told from the perspective of the blind man, it would have been immensely different. Biases come from ones culture and environment. Ideally, stories and retellings of events would be completely honest save prejudices and tensions gradually become the general theme of the story, to the point that roots, culture, and acceptance thereof become irrelevant, and nothing remains but intolerance.

Criminal Law Revision Notes

Homicide constabulary Xs ventureions toward Y may constitute homicide, which pursuant to s 277 is felonious violent death of a soulfulness. Depending on the mess, below s 277 an vile (s268) killing is either arrive at or manslaughter. Killing is delineate in s 270 as causing the death of a nonher(prenominal) directly or indirectly by every gist. Death is defined chthonic 13C of the Interpretation Act 1984 (WA) as the irreversible cessation of circulation or spirit function. A soul open(a) of creation killed is defined nether s 269 as a soulfulness completely proceeded in a living present from their mother. Y is a individual. Y is dead variable star for s269 Where an wounding is done to an unborn pincer who thusly dies after birth it essential be constituted that the prior injuries be a valid ca work of death. In the case of Martin v R it was held that a causal link can be pull between brand to a foetus and the death of that peasant after birth. Specific reference was made in the case to s 271 where a child dies in consequence of solves done by any person origin aloney or during birth, the person who did such act is deemed to hit killed the child. Causation Proof of causing requires satisf action of both factual and legal ingredients (Royall Krakouer) what you learn to look at is the causation between the act and the death, so when you keep back the tests, you pick a particular(prenominal) action of the impeach. If thither is no action, then you look at omission. ? Factual Generally easy to establish factual causation below the exactly-for test (Royall). Variable However, it does not apply in cases of an ingenuous agent (White v Ridley) or in cases of omission, unless on that point was a duty and the actions are mediocre in the circumstances (duties ss 262-267). Apply to facts by stating very nicely . but for Y doing particularizedally this, X would not draw done this and hence not died ? Legal Royall conventi onal four tests for legal causation. In difficult cases the operative and demonstrable gravel is best. (1) Operating and inviolable cause (2) Natural consequence (3) Reasonable foresight (4) coarse sense (Campbell) ? Variable for causation Behaviour of criminate need not be sole cause of death (Krakouer) ? Novus Actus Interveniens (1) fragment 272 and Royall actions of escaping victim entrusting not reak the chemical chain if fear of death or accidental injury is reasonable and well founded. (2) Section 275 checkup treatment of victim will not break chain if sensibly proper in circumstances and applied in good faith. Treatment includes all acts and omissions in the management of the patient (Cook). Turning off life- epoch support is not novus actus original dishonor is suave operative and substantial cause of death (Kanish). (1) Section 23B and R v Martyr Abnormality or weakness in victim will not break chain. Must take victim as you find them. (3) R v pressure group et natural fact will not break chain if it is reasonable fore sympathiseable. 4) R v Pagett Actions of third party will not break the chain if actions are an plain resolving power of what first person did. (5) Section 261 Consent to death is immaterial to issue of responsibility. Intention The speck section in s 279(1)(a) is an use to kill, and under s 279(1)(b) it is an objection to do bodily injury which endangers or is likely to endanger life. Intention is not defined in the code. In R v Willmot conception is defined as having the consequence of an action in mind. The purport is inferred from the act if the immediate consequences are obvious and inevitable (Parker v The big businessman). Code ? s279(1)(a) design to kill is murder ? s279(1)(b) Intention to cause bodily injury of a nature that endangers or is likely (Hind v Harwood) to endanger life is murder. ? s279(1)(c) (1) Death is caused by an act (2) done in the prosecution of an illicit excogitation (3)which is of the nature to be likely to endanger life. A further unlawful purpose other than killing (Stuart v The Queen). Likely is define as a substantial (real and not remote) chance (Hind v Harwood). ? s280 Manslaughter is unlawful killing that is not murder (due to omit of intention). ? 281 unlawful rapine (s 222) causing death Defence against manslaughter (s 23B accident). Only 2 elements mustiness be proved combat (s 222) and death caused. you only get to 281 after you receive said that there is a defence of 23B. although, maybe not, it could also be lackof causation, but its not really correct here with murder/manslaughter Defences ? 23A lack of will ? 23B accident ? 24 mistake of fact ? Mistake of law should be here too, if only to state that it is not relevant ? 27 monomania ? 28 intoxication ? 29 immaturity ? 248 self-defence Stealing, s378, 371 law It is an rudeness to steal under s 378. The elements (s371) to be satisfied are that (1) taking or converting (2) a social occasion capable of being stolen (3) with fraudulent intent. ? A topic capable of being stolen is defined in s 370. Anything which is the property of a person that is moveable (para 1), able to be made moveable (para 2), wild (para 4)and tame animals (para 3), electricity (s390), use of a computer (s440A), or any thing capable of ownership. Doesnt matter if belongs to person whos taking for this element ? Taking is not defined in the Code.It is defined in Wallis v Lane as moving (Clemesha) a thing from the place it originally occupied. Conversion is also not in the Code. In Illich it is defined as dealing with an object in a way that is inconsistent with the even up of the owner (not a physical movement). Defence of mistake of fact can occur at this point where there is a mistake as to the identity of transferee (Middleton), identity of thing delivered (Ashwell), and as to the quantity of thing delivered (Russell v Smith), except with money where ownership passes at point of trans fer irrespective of mistake (Illich). Fraudulent intent is outlined in s 371(2)(a) to (f). It is (a) an intent to permanently deprive owner of the thing add and to depreive of substantial value, caselaw (b) an intent to permanently deprive any person who has any special property in the thing. The intent can be inferred from the circumstances and the manner in which the incriminate deals with the property (Foster v R). An intent to deprive the owner substantially of its value is equivalent to an outright taking (R v Smails) special property see after (f) (c) An intent to use as security.This applies only where the thing is pledged or devoted as security to a third party. Does not apply where incriminate holds property until a debt owed to them by the owner of the property is paid (Parker) (d) An intent to part with it on a condition as to its return (e) An intent to deal with it in such a manner that it cannot be returned in the original condition must have changed significantly (Bailey) or (f) An intent to use money at will, even though person taking may intend to repay owner. Variable Under s371(5) conversion of lost property is not fraudulent if, at time of conversion, person taking/converting does not know who owner is AND reasonably believes that owner cannot be discovered. Variable Doctrine of recent stubbornness allows a jury to draw an inference of stealing or receiving where accused is found in possession of stolen goods soon after their theft and has no reasonable explanation as to how they came into their possession, Bruce v The Queen. Defence Legal claim of right (s22) intends accused had an honest, but not necessarily reasonable, belief that the property was theirs ( ).Robbery, s392 Law Robbery is a compound law-breaking defined in s392 as (1) stealing (2) using actual/ little terrorened violence at/ immediately before/immediately after time of stealing (3) to obtain thing stolen OR (4) to pr showcase/over light resistance to its being s tolen. Prosecution must prove offensive of stealing (as outlined on previous page). Actual or threatened violence only has be be small to fulfill this element (R v Jerome). It only needs to be of such nature as to show that it was intended to overpower the party robbed, not merely to get possession (R v Gnosit). At, immediately before or after time of stealing includes the use of violence to escape or overcome resistance (R v Hay). Stealing has a good luck element, but robbery has the added fault element of using the actual or threatened violence in order to obtain thing stolen or embarrass resistance. Circumstances of aggravation under s391 include when (1) the offender is accompanied (2) offender does bodily injure to any person (3) offender threatens to kill any person or (4) person to whom violence used/threatened is over 60. Burglary, s401 Law Burglary is defined in s401 as (1) entering or beings or is (2) at a place (3) without consent of the owner (4) with an intenti on to sanctify an offence OR actually committing an offence. ? Enter or be is defined in s400 as inserting part of body OR instrument into building. ? Place is defined is s400 as Building, structure, tent, or transferee, or part of building etc. Conveyance in s1 promoter vehicle, vessel, or aircraft. if none of these, you mustlook at statutory interpretation, eg with a garden ? Without the consent of the owner includes beyond consent of owner (Barker v The Queen). can be implied eg where a provide is open or a door. But only implied for legitimate purpose, not to commit a detestation ? Intention to commit an offence (fault element) can be create prior to entry, or may be formed after entering building (Barker v The Queen). Circumstances of aggravation under s400 include when a person (1) has, or pretends to have, a weapon (2) is accompanied (3) does bodily harm to another (4) threatens to kill or injure (5) knows, or should have known, that there was close toone in the plac e. Criminal Damage and Destruction, s444 Law Criminal damage is the (1) wilful (s443) and (2) unlawful (s441) (3) damage or destruction (s1) (4) of any property (s1). Start with 4 then 3 then 1 and 2 (4) Property is define in s1 as any animate or inanimate thing capable of being the subject of ownership. (3) Damage or destroy is defined in Zischke as being when something is rendered imperfect or inoperative. Damage that is impermanent, ie remediable, is still damage unless its transient like chalk on a jumper. (1) Wilfully (s443) means an act or omission with the intention to damage or destroy, OR with fellowship or belief of likelihood of damage or destruction. Likelihood is (Hind v Harwood Lockwood) a real and not remote chance, regardless of whether it is less or more(prenominal) than 50 per cent. ? Omission was discussed in Miller. At the point a person becomes aware of the damage occuring, they have a duty to act. (2) Unlawfully (s441) means (1) injury to property of another (i. e. not own and not abandoned) (2) without consent AND (3) with no authorisation, unspoiltification or excuse. Defence of person or property (s441(3)) can be used if injury is deemed on reasonable grounds to be imminent. Force used must be reasonable.Common Assault, ss222, 313 Law There are two types of break defined in s222 of the Code Physical assault and threat of assault. To fulfill the requirements of physical assault there must be (1) striking, touching, moving or differently applying force (2) directly or indirectly (3) to another person without the consent of the other OR with fraudulently obtaining consent. An assault is unlawful unless authorised, justified or excuse by law (s223). Fault element According to s 23 no intention is required for an offence unless stated in the offence.However, in Hall v Fonceca it was found that an intention on the part of the assailant either to use force or to create an apprehension in the victim is an element in an assault. Unlawf ul an assault is eer unlawful unless authorised, justified or excused by law (s223). It may also be unlawful if the person consents to the assault. Indirect force Includes heat, light, gas or any other substance IF applied to a degree to cause injury or physical discomfort. (1) Queen v Jacob electrical trap (2) Martin bar across exit (3)DPP v K acid in hand dryer (4) Gibbon v genus Capsicum causing horse to run someone over Without consent Consent can be express or implied, and it must be freely given (not obtained by fraud). (1) Boughey v R consent to accidental physical contact of routine life is impliedly consented to (2) Collins v Wilcock commonplace intentional but non-hostile acts are impliedly consented to. (3) Pallante v Stadiums Sporting context contact within rules and intention of sports game. (4) Ferguson Teaching context touching student to encourage. Law To fulfill he requirements of threat of assault there must be (1) a bodily act or gesture (words not enoug h in WA, but sometimes needs to be discussed anyway where there is maybe just a twitch) (2) which represents actual or apparent present ability to apply force (3) without consent OR with fraudulently obtaining consent.. Threatening words are insufficient. A conditional threat is also not a true threat of assault because the victim can repress the threatened act (Rosza v Samuals Cf Turberville v Savage). The victim need not actually fear the bodily act or gesture (Brady v Schatzel).Fault element According to s 23 no intention is required for an offence unless stated in the offence. However, in Hall v Fonceca it was found that an intention on the part of the assailant either to use force or to create an apprehension in the victim is an element in an assault. Unlawful an assault is always unlawful unless authorised, justified or excused by law (s223). It may also be unlawful if the person consents to the assault. Offences s313 common assault s317 assault occasioning bodily harm (unlawful assault + harm).Section 1 defines bodily harm as any bodily injury which interferes with health or comfort. No extra fault element required. ? Lergesner v Carroll broad interpretation. Extends to, for example, black eye from fight. ? Scatchard pain does not necessarily equate to bodily harm. ? Chan-Fook psychological harm. s317A assault with intent to ? commit crime ? do GBH ? resist lawful arrest/detention. s318 Serious assault is on a public officer (while they are on duty), a person playing a public function conferred on them by law, or person helping someone in the previous two categories. s304 acts/omissions causing bodily harm require establishing an existing duty (ss262-267), a breach of that duty and settlementing bodily harm. If there is no harm, the must be endangerment of anothers life/health/safety. Endangering life and health Definitions Grievous bodily harm ? s1 any bodily injury that endangers/ is likely to endanger life, or causes/ is likely to cau se permanent injury to health. ? R v Tranby permanent disfigurement that is only cosmetic does not = GBH. ? Consent is not an element of GBH, therefore unlike assault, GBH cannot be consented to (Raabe) Wounding ?Devine v R occurs when injury breaks skin & penetrates below epidermis. ? Consent and wounding Common law rule says that a person may not consent to bodily harm unless theres a public policy justification- R v Brown. Offences with no specific intention Unlawfully doing GBH, s297 ? flush toilet be direct/indirect act R v Clark. All that must be proved is that a person negligently breached his/her duty. Proof of intention to harm is not necessary. ? unlawful to be given ordinary meaning of prohibited by law Houghton v The Queen Relevance of s23A, s23B/ negligence Unlawfully wounding s301(1)Offences requiring a specific intention s294, Acts intended to cause GBH or prevent arrest. GBH + certain intention ? an intention to maim, disfigure or disable any person or ? an intention to do grievous bodily harm or ? an intention to resist or prevent lawful arrest or detention or Administering noxious thing s301(2) ? Cause poison or noxious thing to be administered or taken + ? Intention to injure or annoy Threats, s338 not in exam The exposition of threat in s338 is very wide and includes any statement or behaviour that might reasonably constitute a threat to (a) ill, injure, endanger or harm any person (b) destroy, damage, endanger or harm any property (c) take or exercise control over any building, structure, or conveyance by force or violence OR (d) cause a detriment of any kind to any person. The threat must be to do one of the things in s338A. a) Gain a benefit b) Cause a detriment c) Prevent someone doing something d) Make someone do something What does detrimental mean? ? R v Zaphir ? a threat is some sort of indication of intention to cause harm or damage or to punish. ? Detriment means loss or disadvantage, or damage as opposed to benefit. ? To satisfy the offence a threat must be of such nature and cessation that the mind of an ordinary person of normal ability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand Offences ? ? s338A Threats with intent to influence s338B Threats Stalking, s338D not in exam s338D defines restrain, pursue, circumstances of aggravation. Offences s338E(1) Pursuing with intention to intimidate s338E(2) Pursuing that Can be reasonably expected to intimidate AND Does intimidate Legal Capacity (defences) Children Law A Child is deemed to be incapable of committing a crime, irrespective of what they have done. Under s29 a child under 10 years is presumed incapable (not rebuttable). Between 10 and 14 the presumption of incapacity is rebuttable if it is proved by prosecution that at the time of the offence that child knew that the cover was wrong according to the standards of ordinary people M (1977). It is not clear if this test means legally o r morally wrong. Child does not need to know act was against the law. They need to know that what they did was seriously wrong as opposed to just naughty. Following facts should be taken into account Age the debase the child is on the scale between ten and fourteen, the stronger the evidence necessary to rebut that presumption B v R (1958) 44 Cr App R 1 at 3 ? Type of offence Heinousness, Ferocity, Nature. Was there a victim? L v DPP = the more heinous the crime the easier it is to rebut the presumption. ? Statements by child Does it really show an understanding ? Expert evidence ? Presumption of normality (what is normal? ) ? Conduct surrounding the act Luring victim, trying to cover tracks, raceway away (= not conclusive, as children will run away if have done something merely naughty). Mode of committing the act Positive act versus omission, degree of participation, confederate influence ? Home background Abuse at home physical environment up appending. (White (1964) behavio ur the result of socialisation. ? Appearance & demeanour in court ? prehistorical criminal record can be used if similar fact evidence ? Different culture ? The child has to know that it was wrong at time of act, not when picked up/ questioned. Corporations (look in exam question for Pty Ltd which should indicate whether person or corporation is being charged) Law Corporations can commit offences.In the Code corporations come under the definition of a person. And under s69(1) of the Interpretation Act 1984 (WA) all indictable and summary offences apply to bodies corporate as well as individuals. appellation Liability (= preferred test) A corporation is an abstraction. It has no mind of its own any more than it has a body of its own its active and directing will must consequently be sought in the person of somebody who for some purposes may be called an agent, but who is really the directing mind and will of the corporation. Lennards Carrying Co Ltd v Asiatic Petroleum Co Ltd. V icarious Liability attributing to employer what an employee does in the course of employment. Torts test, too wide. Defences Mental Capacity Intention and motive, s23 The result intended to be caused by an act/omission is immaterial, unless intention is expressly declared to be an element of the offence. The motive for an act/omission/intention is immaterial, unless differently expressly declared. Voluntariness of will s23A, 23B 23A Lack of will Law A person is not reprehensively responsible for an act/omission that is independent of his/her will (not acquirable as a defence where there is a duty of care owed under Ch 27). Act At common law an act can be defined both narrowly and broadly (both should be considered If narrow view taken, charge under s 266 still possible. ) which ones do the court tend to hunt nowadays? ? Narrow definition any bodily action, e. g pulling trigger of gun Kaporonovski. ? Broad definition includes all physical conduct that caused death, e. g. from ac quire loaded firearm to pulling trigger Falconer. Will Examples of unwilled acts areAn involuntary response to external stimulus (e. g. bee sting) is unwilled. An act done whilst sleepwalking is unwilled (R v Holmes).An act done whilst asleep is unwilled (Michael Jiminez) although D may be likely for act/omission immediately before falling asleep, eg madcap while tired. Sane Automatism describes a mental state where the D lacks awareness of their actions during the equip of a serious offence. Any act occurring independent of the will of the D whilst in a state of sane automatism is unwilled. In contrast to insanity, sane automatism is the result of an external stimulus (eg sudden physical/ psychological trauma, hypoglycaemia). Insanity results from an cozy mental disorder (Falconer). Test to distinguish SA from insanity (Falconer) ? Too complicated ? In an exam, this would not help you, I am sure. Its ot about who needs to prove what, as when you arguing something in the exa m, hardly ever will YOU be able to meet the standard of conclusion as its always ambiguous. You need to set out some of the limbs of the focloner test, eg (and most importantly) the test of the reasonable person. What characteristics does that person have? Its the reasonable person in the same shoes as the accused, but not with their specific weaknesses (eg an additional depression). If they wold have done the same = sane automatism.Another thing you look at is whether one off event (unlikely to reoccur) or theyve got a screw loose (= will likely do it again cos they lack some control over their actions generally ? 1st measuring Has Crown confuted sane automatism? (Standard of proof beyond reasonable discredit. Onus of proof on Crown). If not, unqualified remission. ? 2nd step If so, has D proved insanity under s 27? (first question is is there a mental impairment as opposed to an external blow, before you even get to the capacities) Was one of the 3 capacities in s27 absent? Standard of proof on difference of probabilities.Onus of Proof on D, since s 26 presumes every person to be of sound mind). If so, acquittal with provision that accused was of unsound mind at the time of the offence. ? If sane automatism is disproved and the D does not prove insanity under s 27, jury must consider whether the other elements of the offence have been proved beyond reasonable doubt. If so, proper verdict is guilty (Falconer). 23B accident A person is not criminally responsible for an event which occurs by accident (not available as a defence where there is a duty of care owed under Ch 27 R v Hodgetts and Jackson). event means the result or consequence of an action (Van Den Bemd). accident Kaporonovski, Taiters an event is only an accident if it 1. was not intended 2. was not foreseen by the harbourant (subjective element) AND 3. was not reasonably foreseeable by an ordinary person ( bearing element) Evidentiary burden on accused. Onus of proof on prosection to disp rove 1, 2 OR 3 beyond reasonable doubt. they only need to disprove one for the defence to fall Causation P must prove that D caused a particular outcome if the outcome is an element of the offence. Causation established by tests in Royall). Can be difficult to distinguish between proof of causation and obligation of P to negative accident (Jemielita). If death/GBH by a deliberate use of force, the fact that it would not have occurred but for an constipation/defect/weakness in the victim is not a defense, even if the accused did not intend/foresee the death/GBH and even if it was not reasonably foreseeable. Insanity ss26, 27 Law Pursuant to s26, the accused is presumed to understand the consequences of their actions and is capable of acting rationally.This presumption must be disproved by the accused (Falconer) on the balance of probabilities (R v Porter). Accused also carries the evidentiary burden of establishing that their mental impairment deprived them of ONE of the THREE cap acities in s27 (McNaghtens Case, approved by R v Porter) (1) understand what they were doing (refers to physical consequences of action, not moral qualities) OR (2) control their actions (e. g irresistible impulses Moore, Soderman v the King) OR (3) know that they ought not do the act or make the omission (similar to test used to assess children). Mental impairment comes before the capacitiesis defined in s1 as an intellectual disability, mental illness, mindset damage or senility. The Common law helps distinguish sane and insane automatism. (1) The state of mind must be one of disease, disorder or fear arising from some infirmity, whether temporary or long standing (R v Porter) (2) NO need for physical deterioration of brain (3) A defect of reasoning caused by physical disease unrelated to mind could be insanity (R v Kemp). (4) Insanity is internal, with no external physical cause (Cooper v McKenna) (5)Insanity caused by medical treatment of physical disease (eg. Insulin) will no t be insanity if self induced (R v Quick). Some result are contentious. Hyperglycemia was held to be a desease of the mind (R v Hennessy). Hypoglycemia was not held to be internal (R v Quick). (6) Sane automatism is a reaction to a once-off psychological trauma, test is Would ordinary person react the same way in the circumstances? (Falconer). Yes = sane automatism, not insanity. see comments above Persuasive burden on prosecution (Falconer). Variable Distinguish from smudge where accused unfit to stand trial. Consequence no full acquittal, but rather not guilty by reason of insanity. May mean indeterminate detention in appropriate institution. Intoxication s28 Law Intoxication (by drugs/alcohol/any other means) may be used as a flat coat for a defence of insanity under s 27 as long as it was not self-induced. Where intention to cause a specific result is an element of an offence, intoxication may be considered when deciding whether intention existed. Onus on prosecution to pr ove beyond reasonable doubt 1. That such intention existed AND 2.That accused was capable of forming the intention, and did in fact form the intention. (R v Crump). Defences Mistake Mistake of Fact s22 A person who does/omits to do something under an honest and reasonable, but mistaken, belief in the existence of any state of things is only criminally responsible for the act/omission as if the real state of things had been such as he believed to exist (their delusion were true). ? Mistake must be honest (Subjective test). ? Mistake must be reasonable Pearce v Stanton (Objective test). ? There must be a positive belief in the existence of any state of things. Ignorance/inadvertence not enough (GJ Coles v Goldsworthy). Must be present state, not future or consequences (R v Gould and Barnes). ? Evidentiary burden on accused. ? Onus of proof on prosecution, beyond reasonable doubt. ? Only a partial defense. Can be excluded by express or implied provisions of offences. (e. g. s 331, mi stake of age cannot be a defence for sexual penetration of minor under 13) Mistake of Law s24 Law Ignorance of the law is not a defense to any act/omission, unless knowledge of the law is expressly declared to be an element of the offence. A person is not criminally responsible for an act/omission with respect to any property in the exercise of an honest claim of right and without intention to defraud. ? They must actually believe they have the right at the time of the offence, not that they may get the right in future (R v Pollard). ? Only applies when being claimed as a defence to a property offence (Pearce v Paskov ) under the Crim Code. Defences Duress s 32 Law Occurs when a person believes that a threat made against them will be carried out unless they do an act or make an omission. The action dictated is taken by the threatener. The act/omission must be a reasonable response to the circumstances as the person reasonably believes them to be (i. e. the accused must cause less harm than the harm avoided). Emergency s 25 Occurs when the threat of sudden harm arises from the circumstances in which a person is placed. The accused decides what action to take to avoid the harm. The act /omission must be a necessary response in circumstances of sudden or extraordinary unavoidableness (s 25(3)(a)(i)), and it must be a reasonable response to the circumstances as the person reasonably believes them to be. Self defence s248An act of self-defence is lawful if the person reasonably 3 say if thats reasonable objective believes 2 state that they believed subjective that the harmful act 1 define and then state what they did is necessary 4 look at what else they could have done and if that would have been equally suitable to defend themselves or another person AND the response is reasonable objective in the circumstances as the person defending themselves reasonably objective believes subjective them to be. Self-defence is a complete defence to homicide. Technical ly, self-defence is an excuse.Evidential burden on accused. Onus of proof on Crown to negative self-defence beyond a reasonable doubt (not on accused to prove on balance of probs). Does the initial act have to be unlawful? S 5 = yes, but qualified by s 6 says a harmful act is not lawful just because the person who does it is not criminally responsible for it (so you can defend yourself against child/insane person etc. ) (s 6 also supported by case law Zecevic). Excessive self-defence = a partial defence. Applies when accused has killed to defend self or another but either the use of force was not necessary, or more force than necessary was used.Excessive self-defence means murder will be downgraded to manslaughter. Provocation ss245, 246 Complete defence only to offences in the definition of which assault is an element (Kaporonovski). No longer a defence to homicide. Not a defence to attempted murder (Roche), or to GBH or wounding. The following elements must be proved The offenc e was against a person who offered provocation that amounted to an unlawful or wrongful act or insult. (Does the insult also have to be wrongful? Stevens v Doglione (Qld) wrongful applies to act and insult. Stingel (in obiter) wrongful applies only to act, not insult.Therefore, not settled). Attempts s4 An attempt is an offence that is somehow incomplete. (If an offence is complete, dont consider attempts unless, for example, an offence is attempted on one person but succeeds on another, e. g. A tries to shoot B but instead shoots C). not always section 4, some offence, eg assault and murder, have attempted offence in the specific section in which case you dont look at s4 3 elements 1. Intention to commit an offence 2. Putting that intention into action to some extent (must go beyond mere preparative acts) AND 3. Failure to fulfill the intention of committing the offence. . Intention requires An intention of bringing about all the elements of the offence OR The knowledge (to the extent of virtual certainty) that these elements will occur 2. Beyond mere preparatory acts whether this is the case is a question of fact for the jury. Dont just look at what the accused did, take into account other factors in the situation (Cutter v R) to decide whether the act that was done is convincing of the intention to commit the ultimate offence. Tests Proximity test (R v Eagleton) How close is the accused to committing the final act that constitutes the offence? Substantial step test Has the accused made substantial progress towards completion of the offence? Consider how much progress has been made and what is left to do. Unequivocality test (R v Williams) requires that there be no possible innocent explanation for the accuseds conduct. (Any conduct which might have an innocent explanation cannot be brought by the prosecution as evidence). A precise test, but considered too restrictive. Last step test (R v Chellingworth) Has the accused taken the last step towards the completed offence? Voluntary desistance (s4, par. ) If the accused does most of the acts required to constitute the offence but then stops, it is generally no defence (although may be considered in sentencing). Impossibility (s4, par. 3) Legal It is impossible for the accused to commit an offence only where there is no offence at law to capture the defendants conduct (e. g. if the defendant mistakenly believes that it is an offence to acquire a certain weapon, but attempts to do so anyway = no offence). BUT, Factual if the offender tries to commit an offence but the offence cannot be act for factual reasons, this is still an attempt English. eg, the offender tries to import drugs, but the drug is talcum powder) Conspiracy not in exam takes place before any preparatory action. (An offender is usually not charged with conspiracy and a completed offence. , so conspiracy is not relevant if an offence is actually committed). No definition in Code, defined in common law as an agreem ent between 2 or more persons to achieve a common objective (R v Campbell). (note agreement must be reached. Not sufficient that parties were in communication). There must be an intention to do all the elements of the offence. There must be a positive intention recklessness will not suffice. If there is no agreement, there is no conspiracy BUT, it is not necessary that all conspirators know one another. When 2 or more conspirators are charged, the fact that A is acquitted does not necessarily mean B will be as well (R v Darby). You cant conspire to do something that is legally impossible. You can conspire to do something that is factually impossible. facilitateing s 7(b) and (c) What is the principal offence and who is principal offender?Deal with them first Then distinguish from counselling strawman, constructive presence Law Aiding is providing support, help or assistance (R v Beck) to the PO. Aid is generally given to the PO during the commission of the offence, but c an be before the offence (Ancuta). If a person aids another in the commission of an offence they will be liable for the primary offence under s 7(b) or (c). First, there must be proof of a hotshot Offence actually committed, although conviction of a Principal Offender not necessary (R v Lopuszynski). There can be joint Principal Offenders (Mohan v R). define (b) requires proof of assistance being given for the purpose of aiding the commission of the offence. Therefore, an accused can act with the purpose of aiding but not actually aid, and still be liable (R v Arnold). 7(c) does not specify mental element, but has been held that aids means knowingly aids( Jervis v R aids held to be a word that carries an inherent mental element). In both 7(c) and (d), the accessory must have actual knowledge of the future offence they are aiding, as opposed to merely a suspicion (although this knowledge can be inferred from proof of exposure to the obvious).It is sufficient that the accused con templates the type of crime to be committed by the PO it is not necessary that its precise details be known (Ancuta). Recklessness, however, is an insufficient mental state for aiding. (Giorgianni). Variable Where the offence is one requiring fault elements, the accused must also have actual knowledge that the principal offender possessed the fault element for the principal offence (Stokes and Difford). Variable Non-interference to prevent a crime is not an offence BUT the fact that a person is voluntarily and purposely present and offers no opposition may be grounds for a jury to find that he aided. Positive action NOT essential (Coney). Passive presence at the scene is aid, IF the accused knows his/her presence is encouraging/supporting the PO (e. g. , combination of prior aid and continued nondissociating presence may constitute implied offer of continuing aid = aid under s7) (Beck). Apply to facts Conclude Counselling or Procuring s 7(d) Law If a person counsels or procures another to commit an offence they will be liable for the primary offence under s 7(d). Procure means to provide information or material assistance to the PO, and that the provisions cause or bring about the crime (R v Beck). Procuring involves intentionally causing the commission of the offence. Humphry v R procure means to produce by endeavour, and one procures a thing by setting out to see that it happens. The accused must also have an intention to assist (Georgianni v R) the PO and general knowledge of the aforethought(ip) crime (Ancuta). Counselling means advice or encouragement (Stuart v R) before the commission of the offence. The counsel does not need to cause the crime (R v Coney). Section 9 extends financial obligation beyond s7(d). again, not really helpful here. You need to look at 7(d) direct, and only if that is not gven, you mention section 9 If it is established that the accused counselled the PO to commit the offence, then a jury must determine if the offence was a equiprobable consequence of the counsel. Probable is defined (Darkan v R) as more probable than not, or of probability less than 50/50, but more than real chance. Apply to facts Conclude Common purpose, s8Liability under s8 attaches when one of the parties goes beyond the common unlawful design/ plan. (If parties are within common plan, s7 enough for determining liability). Law When two or more persons together form a common intention to prosecute an unlawful purpose the court will regard them as joint principal offenders. The prosecution must establish that (1) the accused formed an intention to prosecute an unlawful purpose (Brennan v R) (2) the PO committed the unlawful purpose (R v Phillips and Lawrence) and (3) the principle offence must have been a probable consequence of the prosecution of the unlawful purpose.Test of whether probable consequence is objective (Stuart v R). Probable is defined (Darkan v R) as more probable than not, or of probability less than 50/50, but more than just a substantial or real chance. There is no liability if PO unexpectedly departs from the common purpose and commits an offence that was not within the contemplation of the accessory and was not a probable consequence of the common purpose (R v Anderson and Morris) Apply to facts Conclude Withdrawal s 8(2) Law An accessory will not be liable until the PO is actually committed (s 8(2)).The accused can terminate their involvement and escape their liability if they (1) withdrew from the prosecution of the unlawful purpose (2) by words or conduct communicate their withdrawal from the unlawful purpose to those invloved in the PO and (3) take reasonable steps to prevent the commission of the offence (R v Menniti). Apply to Facts Conclude Fraud (not in exam) Law Fraud is when an owner parts with their property under false pretences. It is defined in s409 as (1) any person (2) with intent to defraud (3) by dissembling or any other fraudulent means (4) obtains property f rom another person. An intent to defraud is discussed in Balcombe v De Simoni. It requires an intention to induce, and does induce, another to act ? craft or other fraudulent means are generally statements of fact that the defendant knew to be untrue (R v Carpenter). But the definition is very broad. ? Obtains is defined in s1 as obtaining possession of property. Possession without ownership is enough (Seiler v R). ? Property in s1 includes everything, animate or inanimate, that is capable of ownership. Apply to facts Cobclusion

Philosophy of Religion Essay

In this paper, I will evaluate the disputation Richard Swinburne offered in support of theism. I will first explain the distinction amidst regularities of co-presence and regularities of sequence and wherefore their understanding is necessary in understanding Swinburnes argument. After this, I will present the arguments I book derived from the passage given, derived from Swinburnes book. I will then proceed to identify the issues that determine whether his is a sound theory or not by explaining the assumptions Swinburne bases his argument on, and conclude by giving reasons why I think these objections succeed.Richard Swinburne bases the argument he offers in support of theism on regularities of succession by first stating that prior attempts by philosophers and theologies of the eighteenth century to prove the existence of God failed be crusade they largely found their arguments on regularities of co-presence. The distinction of these regularities, according to Swinburne, is t hat while regularities of co-presence atomic number 18 patterns of spatial order at a specific instant in time, regularities of succession are the simple patterns of behavior exhibited by objects because of the external influence by the forces of nature.For example, the orderliness of the various organs deep down the human body and how they perform in perfect synchrony to complement each others functionalities is a regularity of co-presence. Regularities of succession are based on empirically derivable laws of interaction. The action of attraction and repulsion that occurs within the sub-atomic particles within an atom, and how these forces end up determining the formation of matter by biding some(prenominal) atoms together is an example of a regularity of succession.Swinburne offers the natural balance of the universe brought about by the mutual attraction of planetary bodies with respect to the distance between them and their weights as an illustration of the action of regular ities of succession. The following is an outline of Swinburnes argument in favor of theism. All objects within the universe, living or dead, always make strictly according to the laws of nature (1). This is not however sufficient enough to be the basis of concluding that theism is true.There is a need to establish the cause of regularities of succession. All regularities of succession exist due to the operation of scientific laws (2), but the close central regularities cannot be given an empirical explanation, and since for the purpose of this argument they mustiness be explained anyway, this explanation must be based in the rational creams of free agents. A dancers shanghaiments are determined by the bout of the tune he or she is dancing to, and this being a regularity of succession is proof that all regulations of succession must have an agent.Similarly, an agent must be responsible for the harmony exhibited by the universe as it behaves according to the laws of nature. Th e universe is so harmonious and it is very wide, the powers of the agent controlling it must be very immense compared to those of the dancer who, with the freedom of choice, moves in synchrony to the rhythm of a tune (3). The most fundamental of scientific regularities, which are regularities of succession, cause other regularities of succession, and even these most fundamental regularities must have a causative agent.There can be no better explanation to the most staple fiber regularities of succession, so we conclude that an agent bestowed with power and intelligence just like men but at a much higher degree is most likely responsible for their action, thus the proof of theism. Swinburne attributes the existence of regularities of succession to an ultimate causative agent. In his argument, he draws a comparison between the rational choice of a free agent in the simpler term and the much more complex operation of the universe, which he himself portrays as very puzzling.In his argu ment, infinite attributes are assumed to be simpler than infinite attributes. Furthermore, the agent controlling the universe, if its operation is similar to the exhibition of regularities of succession by simpler free agents like men, must also have had a cause. He fails to explain the cause of this agent and his argument in proof of theism contradicts itself, reservation it unsound. The premises Swinburne raises are largely valid until the conclusion.A referee of his work will find premise one true since scientific research has empirically established the laws of nature which define the action of objects thus making premise (1) believable. It is true, taking human beings as example that regularities of succession are exhibited as the result of rational choice. A dancer will not move to the rhythm of a tune without having made the choice to dance, and this cause-effect approach makes premise (2) very coherent.If then a being is rationally controlling the universe, his powers must be very immense making premise (3) a convincing conclusion developed from the first two premises. Swinburne argues for theism by equating simpler attributes to complex attributes. In premise (3), he inductively derives a higher probability that God exists, but as with all probabilities, any outcome is likely. Simpler attributes to the actions of objects are not given an explanation to why they are true. Swinburne fails to claim that he proves the existence of God is more probable than his non-existence.He builds his argument on the causation of regularities of succession by more fundamental regularities, but fails to give an explanation for the most fundamental of these regularities that an immensely powerful agent is rationally controlling the universe. There is thus sufficient ground to successfully object to his argument. In this paper, I evaluated an argument Richard Swinburne offered in support of theism. I first explained the distinction he creates between regularities of co- presence and regularities. I then proceeded to explain his argument and the reasons why it is valid.After this, I considered the reasons a person would choose to think that the premises he based his argument on are true and at last presented my objection to the argument by identifying and explaining why premise (3) is not necessarily valid. My conclusion was that Swinburne did not offer a sufficient reason to believe that theism is true. ? work CitedSwinburne, Richard. The Argument from Design. Philosophy of Religion An Anthology of Contemporary Views. Ed. Melville Y. Stewart. Sudbury, MA Jones and Bartlett Publishers, 1996. 233-246.

A Latin Christmas Essay

In Martin Espadas Latin Night at the Pawnshop, the poet examines the Latin enculturation during Christmas time in a young, but still growing residential district of Latino immigrants. The song proposes that during some time in America, people of Latino descent could not enjoy themselves during the holidays as they would if they were in their own country. Therefore, the theme of the song is heavily influenced by the dying of Latin refinement in America. Espada augments his poem to make the theme clear by using the following elements of poetry phrasing and tone, symbols, and imagery.Diction and tone play a critical role in Espadas poem. In the first line, Espada uses what I think to be the most valuable intelligence operation in the whole poem, apparition, to bring about a vision he has of a salsa band through and through the window of a pawnshop. The word apparition means a ghostlike image. By evaluating this word and its context, the poem itself has created a tone right away . We can say that the mood of this poem is actually gloomy and depressing when all one can see is a ghost and nothing else. The poem then continues with descriptive words to describe some other aspects. For instance, the word glow is introduced. The word gleaming means to shine brightly. By introducing this word, the poet draws emphasis on how important this salsa band is to him during Christmas. However, locked in the shop are gleaming instruments that cant play no more and Christmas to him is left in utter silence.Moreover, Espada mentions two distinct colors, a golden trumpet (line 4) and a silver trombone (line 5). Both silver and gold help represent the time of Christmas. Almost all Christmas trees use silver and gold ornaments as a decorative feature. Also, the poem ends with another word worth noting, morgue. A morgue is a place where dead bodies are kept. Ironically, during Christmas, we dont associate death with such a joyful time. However, in this poem, a connotation for the word morgue could include death. Now, putting all these elements together, we can conclude that Espada is revealing a really dark Christmas he had gone through. A Christmas where there was no trumpet blowing, no trombone playing, no congas drumming, no maracas swinging, no tambourines shaking, and that all present was just the survey of it-no real Christmas.Espada excessively uses symbols to further develop his guide. The three major symbols in this poem are indeed the pawnshop, the instruments, and the set tags. First, the essence of the pawnshop itself is important because it tells a story, beyond itself. Sometimes money gets in the way of a persons happiness. As a result, we pawn the stuff we really cherish for a quick buck. Espada is trying to explain that on top of the struggles Latinos face, they also must sacrifice the things they love. Second, the instruments tell us a great deal about the demise of Latin culture in America.Instead of being played and making gre at music during the holidays, they sit there unused. Espada in his poem creates an unwanted feeling. Lastly, the price tags that resemble that of a dead mans toe are equally important. The tickets symbolize the presence of death where there should be life. The Latin culture in the town of Chelsea is completely dead. Latinos have given up on their culture in place where its not truly accepted. These elements create the point Espada is trying to express.Imagery is also an important aspect to this poem. The poet creates imagery that attacks several senses and by doing so, it also helps pinpoint the importance of different ideas. Espada writes, gleaming in the familiarity loan pawnshop window, (line 2). As one reads, you cant help but imagine seeing this bright light coming out through a window and showing you a salsa band. Furthermore, Espada mentions several instruments. With this inclusion, one can imagine hearing the sounds of these lovely instruments playing coherently and in sync together.However, Espada also writes, all the price tags dangling like the city morgue ticket on a dead mans toe, (lines 7,8,9). This image develops a charitable of chilly and nervous feeling about whats actually going on in the poem. All in all, by putting these sources of imagery together, you stigmatise what the poet is trying convey. Espada is drawing our attention to a salsa band and all of its instruments, but in the end things arent always what we want or expect. The Latino culture is nothing more than an illusion, in a land that does not treat its immigrants well.Thus, in Latin Night at the Pawnshop, Espada creates a poem that expresseshis concerns about Latin culture in Massachusetts in the late 1980s by using different elements of poetry. The power of diction and tone, symbols, and imagery, enrich the central theme the poet wants to make. Espada does a great job converting one simple moment, into a thousand words and ideas.

Virgin Atlantic Airlines

Executive Summary The aim of this write up is to volunteer a brief overview of pure Atlantic Airlines, its purpose, mission and vision statement. The fall upon stakeholders of the VAA and the c exclusivelying of c are VAA owes to these stakeholders are analysed. universe a global service provider, vestal Atlantic & British Airways are affected by various political, socio-economic and technology factors and these are reviewed. The macro economic factors, such as pecuniary & monetary policies and how it affects these airlines are studied. Furthermore, the concern of EU on the airlines industry and BA & VAA in particular are detai conduct.1A IntroductionIn the United Kingdom, the arrant(a) affiliate is a very popular and preferred brand. thoroughgoing(a) Atlantic is a subsidiary of the Virgin group and is one of the major airlines in the UK led by Sir Richard Branson where the Virgin group owns 51% of the shares and the remaining 49% owned by Delta Airlines, USA. The missio n statement of Virgin Atlantic is to embrace the human spirit and let it fly.Virgin Atlantic ope pass judgment short and long haul flights across 35 different destinations application the Americas, Europe, Asia Pacific, Middle East, Far East and Australia.Purpose of VAA (Virgin Atlantic Airlines)In 1984,Sir Richard announced his decision to operate Virgin Atlantic Airlines that would provide world class shade and great(p) value for money. By the end of the 80s there were more than one million loyal passengers rifleling with VAA, one of the first airlines to provide individual TV screens for the passengers.In the 90s, the ancestry developed further granted the competitive pricing, the unique service walkings and the introduction of the Premium economy was a great hit with the customers. In 1999, 49% of Virgin Atlantics shares were sold to Singapore Airlines.VAA vs Fire Services Virgin group is one of the well-known business establishments and the purpose of VAA is to expand th e service line offering of the business in order to earn profits. Unlike the fire function, which is used to cater to the emergency demand of the people of the country and safeguarding them, the primary purpose of VAA is to be able to cater to the travel demands of the public and to be able to run it as a merchantable business. Keeping this in mind, the main objectives of VAA is to earn profits and be able to service the customers in an effective way to ensure customer loyalty is maintained. As opposed to the fire serve, the VAA faces stiff competition from various former(a) airlines. The key accountability for VAA would be towards its customers and key stakeholders including the board of directors and the shareholders whilst the key accountability for the fire services would be to that of the general public by ensuring that there is transparency and all funds allocated by the government are used in an appropriate manner.The services offered by Virgin Atlantic caters to the luxu ry and travel needs of the people and the services offered by fire services are basically around defend the people, responding to emergencies and also improving the safety within local communities.Virgin Atlantic Stakeholders, Strategies and ResponsibilitiesVirgin Atlantic has various key stakeholders and owes a duty of care towards all the key stakeholders. To be able to manage all the stakeholders and to ensure that they are happy, Virgin Atlantic has various policies.The key stakeholders of Virgin Atlantic includeShareholders Customers Employees Vendors administration Agencies NGOs Community at large.To ensure that the shareholders are satisfied, VAA achieves its primary objective of earning profits and ensuring that all the shareholders receive a good Return on their investments.Customers are given world class treatment and Virgin Atlantic is very well-known for their woodland customer services. Customers always come first with Virgin Atlantic and this has been a new concept in the airlines industry. A good in-flight entertainment service, VIP treatment for first class customers including opting for a beauty therapist, check-in by capture to avoid waiting in the queue, flexible meal service options etc, are examples of customer care standards that have been set by the airlines. VAA also takes customers safety seriously.Employees who trend the integral part of the VAA community and VAA is committed to serve its employees fall apart. Good work is recognised by the rewards and recognition program and Virgin Atlantic provides world class training to all its employees. Virgin Atlantic has a good diversity constitution and is strictly against discrimination. All employees are treated with respect and honesty. Equal chance is provided to all employees and potential candidates who aspire to become a part of the Virgin Atlantic team.Vendors play a key role in the Virgin Atlantic community. Virgin Atlantic has strict policies about creating lasting relation ships with vendors and aims at sourcing goods responsibly. All suppliers are thoroughly screened to ensure that key global standards such as piece Rights Convention by UN and International Labour Convention laws are met.Environment & Community As its commitment to the environment, Virgin Atlantic has incorporated Change is in the Air (CIITA) strategy which aims at reducing carbon footprint by utilise novel technologies and fuels to change magnitude efficiency. Virgin Atlantic is keen on befitting energy efficient and sources sustainable energy where possible. It has a hard recycling and reuse policy which reduces waste and ensuring sustainability.1B Impact of fiscal & Monetary Policies on VAA Fiscal policy can be defined as the policy whereby the governments change the levels of tax and its spending in order to have a positive shock on the nations economy. It helps redistribution of wealth, decreases in unemployment rates and provides a way to effectively control the economy.F iscal policies can either be expansionary or reductionary. An expansionary fiscal policy encourages the growth of the economy by means of expanding the supply of money to combat inflation. This can be done either by cutting take taxes or by increasing the spending of the government (Chambenlin 2009).Fiscal policies are effective when it comes to reduction of unemployment in the shorter term. However, in the long-term they cannot bring in oftentimes change as the supply curve is vertical and pushing the demand curve would lead to pushing in the prices, which results in inflation (Gillespie, 2008)Monetary policy on the other hand can be defined as the action that is taken by the central bank or other monetary regulators to determine the rate of growth of money supply. It also influences the demand and supply of money as it impacts the interest rates (Chambenlin 2009).The recession has had a very awful impact on Virgin Atlantic. The increase in the competition in the transatlantic services and given the rise in the fuel prices, the airline has seen a loss of ?135m. The airline has also frozen salaries of employees for the current period and has cut over 600 jobs which accounts for 7% of its workforce.Virgin Atlantic has not planned clearly and expect the cost. If the planning had been done effectively, Virgin Atlantic would not be facing issues due to increase in fuel prices. Oil is one of the key cost that is incurred by Virgin Atlantic and hence it has a serious impact on the Airlines. Also, in the recession of 2008, there has been a decrease in the passengers for long-haul flights which combine with the oil price has led to a loss of ?150m in 2009.Virgin Atlantic can take advantage of the expansionary fiscal policy whereby there is a cut on taxes and the expansionary monetary policy on the reduction in the interest rates as opposed to contractionary monetary policy. Reduced tax rates would help Virgin Atlantic transfer the reduced costs to the customers a nd expansionary monetary policy would help reduce exchange rates which would therefore help Virgin Atlantic to export oil at reasonable costs. Given the poor demand for travel due to increase in costs, Virgin can befuddle use of the savings that it has achieved by using expansionary monetary and fiscal policies by slashing down the costs of travel, which would fire and encourage more customers to use their services.though VAA has been hit by recession, making use of these policies should enable Virgin to regain some of its losses.1F Benefit for Virgin Atlantic through International TradeBeing a global brand servicing various destinations has been a key benefit for Virgin Atlantic as well as British Airways. in that respect are various advantages of International Trade for Virgin Atlantic. These includeIncrease in profits International trade and servicing various locations globally has led to increase in profits for Virgin Atlantic and British Airways. More Sales Having been a suc cess in the UK and the second largest Airlines in the UK, global destinations and global trade were the next logical steps which increase the sales and turnover of Virgin Atlantic. The same holds good for British Airways. Dependence on one foodstuff reduced International trade helps reduce dependence on one local market. If due to various reasons one market separate fails, another segment can be used thus reducing sole reliance on specific market segments. Better competitiveness in local markets table service international destinations and becoming a global brand has increased knowledge, services and experiences for Virgin Atlantic which makes it a very tough competitor amongst local airlines. expanding upon into the international market also gives British Airways and Virgin Atlantic new ideas to be able to satisfy all their key stakeholders, good marketing techniques to promote their ideas and better customer services. Market diversification Diversification into the global mar kets has helped BA & VAA to be able to leverage better its resources and make use of booming markets in a bad economy. 1G Global Factors Affecting BA/VAA Both British Airways and Virgin Atlantic are global brands operating on various international locations. There are various key factors that affect the operations of two BA and VAA which relate to the global factors.Political FactorsAirlines industry is highly regulated by governments and there are various laws that determine where the airlines can fly, the services offered, planning, their policy and strategies as well as pricing. For airlines to be in the business it is mandatory for them to cohere to these rules and regulations. Thus, compliance is one factor that affects both British Airways as well as Virgin Atlantic.Since both British Airways and Virgin Atlantic operate both nationally and globally there are pivotal national and international laws and obligations, such as H&S regulations, security legislations, taxes etc. Fo r instance, the VAT that has been increased to 20% would affect the stakeholders of both Virgin Atlantic and British Airways. There are various operating restrictions due to political factors. One way to outstrip these restrictions is to have tie ups with national carriers. Thus, political factors have a great influence on the operating environment of the airline industry.Economic FactorsRecession, and the cost of fuel, and other economic factors, such as cost of having empty seats play a major role which affects the activities of Virgin Atlantic and BA.Global economic markets, strong/weak home currency influences the costs of travel. In a bad economic situation companies might tend to cut down on their travel costs and discourage employees from taking a flight. An increase in the price of the fuel might force BA & Virgin Atlantic to transfer its costs to the end customers making it more difficult for people to afford. Any fluctuation in the oil price will have a direct impact on t he currency which in turn impacts the cost of flying for both British Airways and Virgin Atlantic.Social FactorsInternational airlines, such as British Airways and Virgin Atlantic, that serve various nations need to understand the social and pagan values of the destinations served in order to be able to successfully drive the business. Social and cultural values encompasses all aspects of understanding the special needs of the destination, the key holidays and any special arrangements that might have to be taken into account while fate a specific destination. For example, the meal choices have to be restricted to non-pork based foods whilst serving Muslim nations to not only ensure the sentiments are catered to and also to drive business in these locations.Technology FactorsTechnology provides a competitive advantage to businesses and there is an increasing demand for the use of the latest technology to enable customers to receive a better experience. Having a good e-commerce app lication to provide customers a portal to purchase tickets, fast check-in services online would be useful as it would cater to the more tech-savvy and young customer base. However, British Airways and Virgin Atlantic should make sure that they are not overly reliant on using high-end technologies as this might lead to the isolation of certain groups that are not entirely comfortable using these high end technologies. BA & Virgin Atlantic should therefore find a good balance between these two and should be able to optimise the use of technological advancements and leverage the opportunities appropriately.1H Impact of EU on BA & VAAThe EU has a great impact on both British Airways and Virgin Atlantic. The EU has enabled an increase in competition in the market. An increase in the competition and a market promoting a healthy competition would now mean that both BA and VAA have to face a lot of competition from various operators within the EU. Hence, in order to be able to successfully steer the business, it is key that BA & VAA keep their prices at check, increase their value added services, and build on their brand value and their unique selling point to ensure customer loyalty and also to attract more customers.The EU has various positive impacts on BA & VAA. Tourism is the third largest sector in the EU and there is a lot of scope for development. EU has had duologue with the aviation industry to promote sustainable and reliable services within the EU and BA & VAA can take advantage of this to provide high quality services to the customers.The EU has relaxed its visa policies for member states and also promotes fair international trade system that improves competitiveness and has opened up its markets by unblocking tariff and non-tariff barriers making. This promotes trades and instant and export of goods and services. Indirectly this help travel to and from various European Union nations. This can be used by British Airways and Virgin Atlantic to offer spec ialised services to businessmen and frequent flyers to and from Europe.Relaxing trade restrictive measures means that there are various political factors that are relaxed and this paves way for better collaboration and negotiation. Opening up the markets would mean that the procurement of goods and services can be accessed and available freely across EU without restrictions. This removes any legal and restrictive obstacles that British Airways and Virgin Atlantic faces and helps promote growth and sales in the industry. Increased competitiveness within the EU would mean access to better services, retention prices in check and ensuring that the brand value is maintained.ConclusionThis paper helped to identify the vision and the mission statement of Virgin Atlantic, how it is different from other services. It identified the key stakeholders of the airlines and the responsibilities of Virgin Atlantic towards its stakeholders were discussed in detail. The fiscal policies and monetary policies were then explained and how these related to Virgin Atlantic were also specified.A PEST (Political, Economic, Social & Technology) factor analysis was done in order to understand various global factors that affected Virgin Atlantic & British Airways. Finally, the impact of the EU on BA & Virgin Atlantic was discussed in terms of competition, trade restrictions and markets.Works CitedVirgin Atlantic. (2014, September 2014). Retrieved on 06/09/14 from http//www.virgin-atlantic.com/us/en.htmlInvestopedia. (2014, September 2014). Retrieved on 06//09/14 from http//www.investopedia.com/terms/e/europeanunion.aspEuropean Monetary Policy. (Septmber 2014). Retrieved on 06/09/14 from http//dictionary.reference.com/browse/european+monetary+unionChamberlin, G. (September 2009). Economic polish Sep 2009. Economic and Labour Market ReviewGillespie, A. (June 2009). Foundations of Economics. New York Oxford University Press

Delta: Management and Candidates Essay

auxiliary Handbook for tutors and candidates gateway to Delta faculty 3 English Language T ruinlying guidance (ELTM) whitethorn be regarded as commercially sensitive. Candidates may regard to anonymise the name of the selected delivery article of faith operation in mold to preserve confidentiality. Module trio (ELTM) is an alternate to the exemplification Module Three within the Delta short letter. It specifically aims to develop candidates knowledge of, and competence in Candidates argon advised to narrow down their selected ELTM specialism in order to research a specific face in captivate depth for example.Staff development within HRM, or Introducing a new course within academic c be. a elect ELT prudence specialism methods of spot abbreviation design of channelise suggestions carry outation of adjustment proposals Overview of requirements Candidates cream should demonstrate a sound grasp of general ELT guidance principles and how these consult to the work of an LTO, and specific principles tie in to their chosen ELT anxiety specialism, as well as hear principles of strategic management, organisational cash advance and c arn management. To achieve these aims, candidates require to research a chosen ELT oversight specialism translate and use appropriate methods of berth abridgment for the chosen specialism in a specified language teaching operation (LTO) design a qualify proposal to overcome issues place in the compendium design an slaying invent for their change proposal synthesise all their learning into a acoustic get a lineion which can be coherently presented to a third go bady.Having considered the general principles and implications of the ELTM specialism and chosen topic bea, candidates should seduce a bun in the oven out an independent location synopsis of the chosen specialism exacting to the design of a change proposal relating to the ara.Candidates should target how their proposal reflects the findings of the situation epitome and should consider how they would subsequently implement the proposed change way in mind the principles of change management. The full syllabus can be downloaded at http//www. cambridgeesol. org/exams/teac hing-awards/delta-modular. html The realize will be reported in the form of an Extended appointment (4,000-4,500 course, excluding appendices) and includes 5 move Module Three (ELTM) is assessed via an extended written subsidization. phonation vary 1 1,200 slur analysis and commentary 1,000 dissipate 3 Proposal and defense1,200 Part 4 Implementation 900 Part 5 academic management human resource management (HRM) node service marketing Introduction Review and bring out issues Part 2 Candidates must select one of the following specialisms distance Conclusion 200 4,500 Candidates who select to do ELTM as their specialism for the Delta Module Three need to have glide slope to a language teaching operation (LTO) e. g. a language school o r institution. They also need to consider how they will have access to the data/ tuition they will need in order to proceed with their proposal. For instance, if they are relations with client ServiceManagement, they will probably need to have access to customer feedback data, bodily which The total length may be surrounded by 4,000 and 4,500 sacred scriptures, hardly the proportion of words in each originate should be approximately as indicated above, and must non exceed 4,500 in total. 1 Assignment outline and guidance for Candidates synthesised a number of different key sources, typically at least 5-6 in Part 1. Where two specialisms overlap, it is grave that one specialism has the priority. So, for example, a candidate may choose Customer Service as a specialism and then design a proposal which includes about ideas link up toMarketing. In this cheek Customer Service would be the specialism and this would be discussed in Part 1. fulfill note on rapscallion 1 re adv isability of narrowing down the selected ELTM specialism in order to research a specific reflection in appropriate depth. n? Part 1 Introduction continuance 1,200 words (plus or minus 10%) A draft rationale for choice of the ELTM specialism and review of the key issues. This will include a discriminating review of relevant literature and a consideration of general ELT management principles and how these unite to the work of an LTO, as well as specific principles related to their chosen ELT managementspecialism academic management, human resource management, customer services or marketing). n? Part 2 Situation analysis and commentary Length 1,000 words (plus or minus 10%) guide questions An ex course of topication of how an aspect of the language teaching operation (LTO) was analysed, and how the results of this analysis were utilise to clarify the bailiwicks requiring tending in order to improve the current situation within the LTO. wherefore did you choose the ELTM option ? Why did you choose this particular specialism? What theories and principles in the academic and professional ELT management literature have you represent relevant, useful orchallenging? What ideas from observation and view of LTOs have you drawn on? Guiding questions What is your educational context ? What are the important characteristics of the LTO, e. g. type of language teaching operation, size, purpose, local/national context etcetera? How was the current situation analysed? What is the source of information? (e. g. was data collected by the LTO management or by yourself as part of your job? ) Why were these methods selected? (e. g. as part of institutional management routines, for compliance with accreditation requirements or as part of your own research? ) Who are the key stakeholders and what deflect do they have? What were the results of the analysis of data? How did you use these results to clarify the focus of your proposal? Advice to candidates Candidates who choose this ELTM option should ideally have experience of working as an academic manager (such as programme manager, DoS/ADoS), or in a similar managerial role within an LTO. The context, setting, problems, etc. of the specific LTO should not be discussed in Part 1. Candidates are expected to show understanding of the key issues related to ELTM and their chosen specialism using relevant terminology. Key issues should be critically discussed and indor hold backd with reference to reading and knowledge/experience gained from working in an LTO. It is recommended that candidates research their chosen specialism by doing relevant reading originally protrudening/finalising Part 2 of the assignment. The review of the literature should go beyond plainly finding one or two sources which mark the specialism, and should show that the candidate has read and Advice to candidates Candidates should briefly provide a reason for choosing this particular LTO, and give some brief informatio n on their own role within it, if appropriate. Candidates need to provide a brief overview of the LTO but should avoid being overly descriptive. The purpose of Part 2 of the assignment is to analyse, not simply describe. 2 Guiding questions It is important that the analysis focuses in detail on a specific aspect of the working of the LTO in relation to the selected specialism rather than being a general analysis of the context. Candidates are expected to show awareness of principles of management data analysis (e. g. customer/stakeholder analysis). Terminology should be utilise and referenced to its sources. appreciation of these principles does not mean purely stating listsof factors.Candidates need to show how awareness of these principles has influenced their choice of situation analysis procedures. Candidates are expected to choose appropriate tools/instruments to conduct their analysis. It is important to show which instruments have been utilize and why, and to provide e xamples of all instruments used in the appendix. Where many different instruments have been used, it is important to provide a summary of these in the appendix, preferably in a chart format for readers ease of access. It is also important to demonstrate classifyly how analysis of these instruments has been conducted. epitome of the tools used should be detailed and clearly indicate how priorities for profit have been arrived at. A clear summary of the analysis, possibly in chart format in the appendix, should be provided, so as to show how the results have been synthesised. Candidates may make use of data which has already been equanimous by others (within the LTO for example), but they would need to analyse or, if already analysed, critique this data themselves. The results of the analysis need to be highlighted here in Part 2 in brief, and then used to identify key priorities for advancement which feed into designing thechange proposal in Part 3. What priorities have you id entified from the above situation analysis for improving the current situation in your educational context (LTO)? In what ways is your proposed change based on, or influenced by, your reading of relevant literature related to strategic management and organisational improvement? What are the institutional and educational aims and objectives you hope to achieve? How will the proposal improve the current situation in your LTO? What is the content of the proposed change? What are the expected outcomes? How will the proposal work in practice? What institutional requirements or other constraints have you taken into ac expect? Advice to candidates It is intrinsic that the change proposal is clearly influenced by the situation analysis from Part 2 of the assignment. Candidates are expected to show awareness of principles of strategic management and organisational improvement. Terminology should be used and referenced to its sources. Understanding of these principles does not mean pure ly stating lists of factors. Candidates need to show how awareness of these principles has influenced the design of the change proposal. The change proposal needs to clearly call forth theproblems which are to be addressed and the aims and objectives of each component of the proposal. It should involve one specific focus rather than a regulate of smaller initiatives. The change proposal needs to be realistic and should note relevant institutional constraints, where appropriate. charm t suitables or charts may be used to summarise the change proposal, sufficient prose is required to expand detail and provide ex architectural planations. It is important for candidates to discuss their proposal from a management perspective and to avoid being too descriptive about the details of the proposed change (i. e.if the topic is Introducing a new course, the focus should be on how this contributes strategically to the LTO rather than on curriculum theory).Part 3 Proposal and justificat ion Length 1,200 words (plus or minus 10%) Discussion of the content and structure of the proposed changes in relation to the key issues and principles discussed in Part 1 and the priorities for improvement identified in the analysis in Part 2. 3 n? Part 4 Implementation intended outcomes and change management principles rather than simply describing the process. The link between the execution plan and the change proposal is paramount. The implementation plan needs to be realistic and should acknowledge relevant institutional constraints where appropriate. It is important that candidates include some indication of how they intend to evaluate the outcomes of their implementation plan. Length 900 words (plus or minus 10%) An explanation of how the proposed change will be implemented and why (with reference to the relevant literature) accompanied by a detailed action plan/operational plan, demo how the change will be contrive into practice. Guiding questions What approach to imple mentation will be used and why?How has your reading ofchange management, decision-making, and/or project management influenced your choice of approach? What will be the impact of the proposed change on different stakeholders, internal and external? How exactly do you propose to implement your proposed change? How will people and resources be managed during the change process? In what ways, if any, are your choices of implementation forced institutionally and contextually? How will you evaluate the outcomes of the implementation? n? Part 5 Conclusion Length 200 words uttermost Consideration of how the proposal is linked to the key issues outlined in the portal.Guiding questions How has your proposal applied the principles you discussed in Part 1? What do you expect to be the benefits for the LTO of your proposal? What do you consider to be some of the limitations of your proposal? Advice to candidates In this function, candidates should summarise how the proposal and acc ompanying implementation plan will achieve the objectives identified for the LTO. This should not simply be a reiteration of everything that has been said in the assignment. Some indication should be given of the expected benefits of the proposal to the LTO and some of its limitations. It is important that all the parts of the assignment are linked and build on one another. Reference to the points made in the introduction are appropriate in this concluding section. Failure to include a conclusion will lead to the candidate losing attach for foundation and organisation. Advice to candidates Candidates are expected to show awareness of principles of change management, decision-making and/or project management. Terminology should be used and referenced to its sources. Understanding of these principles does not mean purely stating lists of factors.Candidates need to relate these factors to their choice ofimplementation approach. The main emphasis in Part 4 of this assignment shoul d be on outlining what will be done to implement the change proposal and how this will achieve the intended outcome. switch management principles should be used to justify the choices made rather than discussing these per se. It is important that candidates show, through use of a detailed operational/action plan, what actions need to be undertaken when, how and by whom in order to implement the proposed change, and that it is clear how each action leads to an intended outcome. Candidates must provide a clear rationale fortheir implementation plan in terms of 4 n? Appendices advised to develop and make explicit their approach to the module. It may be that a whole group chooses the same specialism, e. g. Human Resource Management, in which case the same input can be provided for all candidates. If a range of specialisms is chosen, then input may be given by tutors with some expertise in the topic area. The purpose of appendices is to provide both(prenominal) supporting severalise and explanatory materials to help the reader make sense of the assignment.Appendices to be attached to main body of assignment Situation analysis results Implementation planCandidates may wish to register at a nerve and receive individual advice and support. In this case, they should advise bosoms of their specialism, ensure that the centre where they are registered is able to provide this for the ELTM option and check the centres arrangements for this provision. Appendices to be attached as a separate document A completed sample of all analyses used Advice to candidates The summaries of the situation analysis results and the implementation plan should be attached as appendices to the main body of the assignment (and labelled Appendix 1 Situation Analysis Results Appendix 2Implementation Plan). All other appendices, e. g. samples of analysis instruments and other relevant sustenance should be submitted as a separate document. Appendices should be numbered and included in t he content pages. They should also state what they contain, e. g. Appendix 3 Situation Analysis Instruments Appendix 4 Suggested Marketing Brochure, etc. Candidates are not required to include copies of all completed instruments from all participants in the data analysis, but they should include adept completed samples. Similarly, candidates are expected to include samples of any relevant documents whichsupport the change proposal.For the ELTM Extended Assignment, candidates need to have a breadth and depth of knowledge and awareness of issues related to ELT Management. For this reason, it is important that candidates read astray before starting the assignment. Candidates should also read and be familiar with the key principles and issues in the following areas management data analysis strategic management and organisational improvement change management project management n?Choice of topic for the assignment The focus of the assignment will be on ELT Management. It is the p rerogative of the centre todecide if they are able/willing to supervise this ELTM option. Candidates will also need to have access to an LTO and data relating to the area chosen as a focus for the assignment so that Parts 2-4 of the assignment can be completed. They will need to consider their own role within the LTO carefully before choosing this ELTM option and before deciding on the specific focus of their specialism. Candidates status within an LTO determines their access to information and, for candidates already in a management role, the scope of their responsibilities and limits to their authority.For instance, even someone at middle management direct, such as an academic manager, (e. g. Director of Studies (DoS)), may have little or no influence over organisational structure or HRM policies, while the language teaching operation (LTO) itself Guidance for tutors and candidates General advice Candidates are not required to follow a course to prepare for the Delta Module Three ELTM Extended Assignment. However, candidates who do receive support from their centres will benefit from having a structured approach to their preparation for this assignment. Such support may be in the form of a course, individual/group tutorials, or online packages, and may be provided in parallel with, orseparately from, Delta Modules One and Two. Where the ELTM Extended Assignment is supervised as part of a course, each centre is 5 may be constrained by compliance with accreditation or legislative requirements. Candidates should ensure that the file size does not exceed 10MB. It is especially important that the file containing appendices is not too large as this may cause problems for online uploading and downloading of assignments. Candidates must choose from the list of quadruplet specialisms provided. If a candidate wishes to focus on a specialist area not included in the list, the centre may contact the Cambridge ESOLHelpdesk for advice ESOLHelpdeskCambridgeESOL. org Can didates are expected to proof their assignments for presentation and language errors. The title page should contain details of centre and candidate number, ELTM specialism and topic chosen and the word count. A contents page listing headings/sub-headings and including page numbers should be provided immediately after the cover page. Pages should be numbered by using the insert page number function in Word. A running footer should be inserted with candidate name and assignment title. Headings should be used for sections in the body of the assignment.Sub-headings should be used where appropriate for sub-sections. The word limit is very important as it provides a form of standardisation for the assignment. Candidates should therefore plan their assignment to cover the criteria within the word limit. Assignments which exceed the word limit will be penalised during marking. Assignments much than 100 words over-length will be returned to candidates unmarked. The Suggested word limi ts for each section will help candidates prink themselves accordingly.Candidates should use the word count function in Word (by highlighting all their text between the end of the contentspages and the start of the bibliography section) to monitor the number of words, and they are advised to note that examiners will mechanically check all word counts before marking. (The version of Word used to check the word count should be indicated with the word count on the front cover of the assignment. ) Footnotes should not be used at all for this assignment.All references and terminology are to be included in the text, and count towards the overall word limit. Summaries of key data, (e. g. charts which summarise the situation analysis results, overview of the implementation plan, etc. ) may be includedin the text itself for readers ease of reference, but further detail, (e. g. questionnaires, analysis of specific instruments used etc. ) should be put into the appendix. n?Staging and planni ng It is recommended that candidates be advised to address the various stages of the assignment separately, and that a study plan be drawn up so that candidates clearly carry out the necessary background work for each stage before moving on to the subsequent stage. Tutorials may be reinforced into this planning to provide more structured guidance. n? Presentation of the assignment Advice to candidates The assignment is to be submittedelectronically as two (and no more than two) documents with 2. 50 cm margins The first document should be submitted as a Word (. doc) document and entitled as follows centre number_candidate number_ style_Delta3_ELTM_month year. doc e. g. 11111_001_smith_Delta3_ELTM_1211. doc The collation of situation analysis results and the implementation plan should be included as appendices in this document. This is to help markers locate essential information and to ensure that all original work is included in any plagiarism check. The blurb document may be s ubmitted as a word document or as a pdf.It should beentitled as follows centre number_candidate number_surname_Delta3_appendices_ month year. doc or . pdf e. g. 11111_001_smith_Delta3_appendices_1211 .doc (. pdf) Samples of customer/stakeholder analysis instruments should be scanned electronically and included in the second document. 6 n? Reading, bibliography and referencing Edited book Advice to candidates Bush, T. & Bell, L. (Eds. ) (2002). educational Management Principles and Practice. London Paul Chapman. Candidates should refer to an extensive range of reading resources. There should be explicit evidence of background reading inall of the first four sections of the assignment. This will typically include four to six different sources for each section.Some sources may be referred to in more than one section of the assignment but overall reference should be made to at least 8-10 different sources. Candidates are expected to do appropriate research into ELT Management and th eir chosen specialism management data analysis, (e. g. customer/stakeholder analysis) strategic management organisational improvement change management and decision-making. Appropriate terminology should be used and sources referred to where necessary.These should be clearly referenced in the text, (e. g. White et al. 1991). If specific quotes are used, they should be referenced using author(s) surname(s), year of publication and page numbers quoted (e. g. Fullan 200198). Page numbers are not required if direct quotes are not used. The bibliography needs to be presented appropriately in alphabetical order of authors surname (see examples below). Year of publication, city and publisher should be included. This should be presented after the body of the assignment and before the appendices, and should totally include publications referred to in the text itself.The second line of each bibliography entry should be indented. Referencing should follow a recognised format throughout the as signment. It is recommended that this be done according to the APA Publication Manual, (5th ed. , 2001) for more information see www. apastyle. org. Examples of several references are given below. Section of edited book Stoll, L. (2003). School culture and improvement. In M. Preedy, R. Glatter & C. knowing (Eds. ) Strategic Leadership and Educational Improvement (pp 92-108). London Paul Chapman. Electronic source British Educational Research Association. (1992). Ethical Guidelines.Retrieved 19 July, 2011, from http//www. bera. ac. uk/guidelines. html Associations and corporate authors American Psychological Association. (2001). Publication Manual of the American Psychological Association (5th ed. ). Washington, DC American Psychological Association. Note on plagiarism Plagiarised work will not be accepted. Candidates should be advised on what constitutes plagiarism and how to avoid it. Centres should advise candidates that assignments are checked electronically for plagiarism and t hat plagiarism will be penalised. Plagiarism checks include checks against previously submitted assignmentsas well as assignments or parts of assignments which include passages copied from online resources or books.Plagiarism includes copying anothers language or ideas as if they were your own unauthorised collusion quoting directly without making it clear by standard referencing and the use of quotation marks and/or layout, (e. g. indented paragraphs) that you are doing so using text downloaded from the network without referencing the source conventionally closely paraphrasing a text submitting work which has been undertaken wholly or in part by someone else. Single author book Mintzberg, H.(2001). Strategic Safari. Eaglewood Cliffs Prentice-Hall. Centres should inform candidates that submission of assignments which have been plagiaristic will lead to the candidates disqualification and a ban on re-entry of up to three years. journal article Srikathan, G. & Dalrymple, J. (2 003). Developing alternative perspectives for timber in higher education. International Journal of Educational Management 17(3), 126-136. 7 Assessment Presentation and organisation maximum 14 marks n?The Module Three ELTM Extended Assignment is assessed with reference to a detailed Mark Scheme which allocates marks forthe five judgment categories, each of which is divided into three sub-categories.The total number of marks available is 140, divided as follows academician writing, language and referencing Presentation, coherence and organisation Clarity of argument and quality of ideas n? Marking A forefront Examiner guides and monitors the marking process. The process begins with coordination procedures, whereby the Principal Examiner and a team of examiners establish a universal standard of assessment through the selection and marking of sample assignments. These are chosen to represent a range of act across the different ELTMspecialisms selected for this assignment. Duri ng marking, each examiner is apportioned randomly chosen assignments. A rigorous process of coordination and checking is carried out before, during and after the marking process. Grasp of relevant issues for ELTM maximum 35 marks n? Review of the relevant general and ELT management literature Understanding of key issues in the chosen specialism Application of relevant management knowledge to practice and identification of key issues Situation analysis and commentary maximum 28 marks n? n? Grading Understanding and application program of key principles of management data analysis Analysis of the instruments used and identification of areas for improvement Discussion and justification of prioritised areas for improvement in the LTO supported by the analysis Results are recorded as three passing grades ( snick with Distinction, give out with Merit, Pass) and one failing grade (Fail). The marks required to obtain each grade are Pass approximately 80 marks Pass with Merit approxim ately 100 marks Proposal and justification maximum 35 marks Pass with Distinction approximately 120 marks Understanding and application of key principles of strategic management and organisational improvement Justification of the change proposal in terms of ELTM and identified requirements Specification of the change and its intended effects, and of managing institutional constraints At the end of the marking process, there is a order meeting to check scores around the grade boundaries. The grade boundaries are set in a way that ensures that the level of knowledge required to obtain the three passing grades n? n? is reproducible with the grade descriptions on page 9 of this handbook is the same from one session to the next. Implementation maximum 28 marks The following information is used in the grading Understanding and application of key principles of change management and decision-making Justification of implementation procedures in terms of ELTM and identified needs De signing an implementation plan and thinking through its impact on stakeholders comparison with statistics from previous years examination performance and candidature recommendations of examiners, based on the performance of candidates. 8 Grade descriptions Pass with Distinction Excellent military man of work which shows a very high level of understanding, analysis and application, and which displays originality and critical insight.Very high standard in all of the following areas Understanding of the selected specialism principles of situation analysis principles of change management principles of decision-making Analysis of key issues in the topic area and the LTO justification of the change proposal and implementation plan denomination of key priorities for change design of implementation plan Academic writing, presentation and organisation, clarity of argument and quality of ideas. Pass with Merit Very good piece of work which shows a high level of understanding, analysis and application, and which displays some originality and critical insight.High standard in most of the following areas, but with some style for improvement Understanding of the selected specialism principles of situation analysis principles of change management principles of decision-making Analysis of key issues in the topic area and the LTO justification of the change proposal and implementation plan Identification of key priorities for change design of implementation plan Academic writing, presentation and organisation, clarity of argument and quality of ideas.Pass satisfying piece of work which shows an acceptable level of understanding, analysis and application, and which meets the requirements of the assignment. Good standard in some areas, but some room for improvement in most of the following areas Understanding of the selected specialism principles of situation analysis principles of change management principles of decision-making Analysis of key issues in the topi c area and the LTO justification of the change proposal and implementation plan Identification of key priorities for change design of implementation plan Academic writing, presentation and organisation, clarity of argument and quality of ideas. Fail Inadequate piece of work which fails to show an acceptable level of understanding, analysis and application. Substantial room for improvement in some or all of the following areas Understanding of the selected specialism principles of situation analysis principles of change management principles of decision-making Analysis of key issues in the topic area and the LTO justification of the change proposal and implementation plan Identification of key priorities for change design of implementation plan Academic writing, presentation and organisation, clarity of argument and quality of ideas. 9 Cambridge English Teaching Qualificationds Delta Supplementary Handbook for tutors and candidates Cambridge English Teaching Qualifications Teachi ng Qualifications University of Cambridge ESOL Examinations 1 Hills Road Cambridge CB1 2EU United Kingdom Tel +44 1223 553997 e-mail ESOLhelpdeskCambridgeESOL. org www. CambridgeESOL. org UCLES 2011 EMC/7861/1Y07