Theft: Appropriation and consent
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The document discusses several court cases related to the definition of theft and appropriation. It notes that in some cases such as Lawrence (1971), taking property with consent was still considered appropriation. However, in other cases such as Fritschy (1985) and Gallasso (1993), taking property with the owner's permission did not amount to appropriation in the legal sense of theft. The document analyzes how the legal concept of appropriation has been applied inconsistently depending on the specific case and jurisdiction.
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This document summarizes several theft case laws related to the concept of appropriation:
- Lawrence (1971) established that taking money with consent could still be appropriation.
- Eddy v Niman (1971) found no appropriation when goods were placed in a store's trolley as this was consistent with the owner's rights.
- McPherson (1973) ruled that placing bottles in a bag showed intent to steal, amounting to appropriation.
- Skipp (1975) determined appropriation occurred when goods were loaded and the route changed, not just upon intending to steal.
- R v Morris (1983) found appropriation as soon as price labels were switched.
RvPertozzi[1]
The appellant appealed his conviction of sexual assault. He had agreed to pay a prostitute $100 for sex but then said he did not have the money after the act. The trial judge explained to the jury that fraud exists if one party engages in an act assuming the terms will be met, but the other does not fulfill their end. The appeal was allowed and a new trial ordered because the judge's explanation of fraud could have directly influenced the jury, as fraud has been associated with the nature of the act or identity of the offender, not casual connections to consent. It is up to Parliament to decide whether fraud extends to casual connections to consent.
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This document summarizes several theft case laws related to the concept of appropriation:
- Lawrence (1971) established that taking money with consent could still be appropriation.
- Eddy v Niman (1971) found no appropriation when goods were placed in a store's trolley as this was consistent with the owner's rights.
- McPherson (1973) ruled that placing bottles in a bag showed intent to steal, amounting to appropriation.
- Skipp (1975) determined appropriation occurred when goods were loaded and the route changed, not just upon intending to steal.
- R v Morris (1983) found appropriation as soon as price labels were switched.
RvPertozzi[1]
The appellant appealed his conviction of sexual assault. He had agreed to pay a prostitute $100 for sex but then said he did not have the money after the act. The trial judge explained to the jury that fraud exists if one party engages in an act assuming the terms will be met, but the other does not fulfill their end. The appeal was allowed and a new trial ordered because the judge's explanation of fraud could have directly influenced the jury, as fraud has been associated with the nature of the act or identity of the offender, not casual connections to consent. It is up to Parliament to decide whether fraud extends to casual connections to consent.
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A bond is a monetary guarantee that a person will return to court for their criminal charges. The judge determines the bond amount based on the severity of the crime and the person's stability. At arraignment, the judge can set a bond amount, release the person on their own recognizance, or deny bail. A bondsman can be used to post bond for a fee of 10% of the bond amount plus court fees, and will be refunded when the case concludes. If a person pays the full bond amount themselves, they will be refunded minus any applicable fines. For high risk cases, a cash-only bond must be paid in full upfront.
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This document discusses position classification as defined by Republic Act No. 6758. It outlines the four main categories of positions: professional supervisory, professional non-supervisory, sub-professional supervisory, and sub-professional non-supervisory. Each category is defined based on the level of education, experience, and responsibilities required. Examples are given of position classifications for classroom teachers, administrators, support staff, and career executive positions in the education system and their corresponding salary grades. The classification of teaching positions is noted to be based on the qualifications of the individuals rather than duties, in order to encourage professional growth.
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The document discusses the concept of substantive ultra vires, which allows courts to intervene when public authorities abuse their powers by creating laws illegally or unreasonably. It provides examples of cases where authorities have overstepped their powers, such as giving a government department more authority than Parliament or forcing people to remove snow when they lacked that authority. Courts can review delegated legislation for unreasonable acts under the concept of substantive ultra vires.
Delegated Legislation: Procedural Ultra Vires
Procedural ultra vires occurs when a public authority exceeds its powers by failing to follow mandatory procedural requirements in its enabling act. Case law has established that statutory instruments will be invalidated if mandatory consultation or publication requirements are not followed, but not if the procedures are only directory. For example, in R v Secretary of State for Education and Employment, a statutory instrument setting teacher pay conditions was ruled ultra vires for failing to follow the powers granted by the enabling act.
Directives and Direct Effect Memory Game
The EU issues directives that set goals for member states but allow flexibility in how they are achieved. Directives have direct effect, meaning individuals can rely on them in court if the state fails to properly implement them. Directives aim to harmonize laws across the EU in order to facilitate the functioning of the single market.
Directives and direct effect
Directives issued by the EU are binding on Member States and must be implemented within a strict time limit. Once implemented, individuals can rely on directives through direct effect. There are two types of direct effect: horizontal between citizens, and vertical against the state. Unimplemented directives can still be directly effective against emanations of the state like local authorities through vertical direct effect. Private companies are not considered emanations of the state so individuals cannot rely on unimplemented directives against them. National courts must interpret national law in line with directives whether implemented or not through the principle of indirect effect.
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The Nervous and Chemical Regulation of Respiration
These lecture slides, by Dr Sidra Arshad, offer a simplified look into the mechanisms involved in the regulation of respiration:
Learning objectives:
1. Describe the organisation of respiratory center
2. Describe the nervous control of inspiration and respiratory rhythm
3. Describe the functions of the dorsal and respiratory groups of neurons
4. Describe the influences of the Pneumotaxic and Apneustic centers
5. Explain the role of Hering-Breur inflation reflex in regulation of inspiration
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7. Explain the role of peripheral chemoreceptors in regulation of respiration
8. Explain the regulation of respiration during exercise
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1. Chapter 42, Guyton and Hall Textbook of Medical Physiology, 14th edition
2. Chapter 36, Ganong’s Review of Medical Physiology, 26th edition
3. Chapter 13, Human Physiology by Lauralee Sherwood, 9th edition
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Overall life span (LS) was 1671.7±1721.6 days and cumulative 5YS reached 62.4%, 10 years – 50.4%, 20 years – 44.6%. 94 LCP lived more than 5 years without cancer (LS=2958.6±1723.6 days), 22 – more than 10 years (LS=5571±1841.8 days). 67 LCP died because of LC (LS=471.9±344 days). AT significantly improved 5YS (68% vs. 53.7%) (P=0.028 by log-rank test). Cox modeling displayed that 5YS of LCP significantly depended on: N0-N12, T3-4, blood cell circuit, cell ratio factors (ratio between cancer cells-CC and blood cells subpopulations), LC cell dynamics, recalcification time, heparin tolerance, prothrombin index, protein, AT, procedure type (P=0.000-0.031). Neural networks, genetic algorithm selection and bootstrap simulation revealed relationships between 5YS and N0-12 (rank=1), thrombocytes/CC (rank=2), segmented neutrophils/CC (3), eosinophils/CC (4), erythrocytes/CC (5), healthy cells/CC (6), lymphocytes/CC (7), stick neutrophils/CC (8), leucocytes/CC (9), monocytes/CC (10). Correct prediction of 5YS was 100% by neural networks computing (error=0.000; area under ROC curve=1.0).
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These lecture slides, by Dr Sidra Arshad, offer a quick overview of the physiological basis of a normal electrocardiogram.
Learning objectives:
1. Define an electrocardiogram (ECG) and electrocardiography
2. Describe how dipoles generated by the heart produce the waveforms of the ECG
3. Describe the components of a normal electrocardiogram of a typical bipolar lead (limb II)
4. Differentiate between intervals and segments
5. Enlist some common indications for obtaining an ECG
6. Describe the flow of current around the heart during the cardiac cycle
7. Discuss the placement and polarity of the leads of electrocardiograph
8. Describe the normal electrocardiograms recorded from the limb leads and explain the physiological basis of the different records that are obtained
9. Define mean electrical vector (axis) of the heart and give the normal range
10. Define the mean QRS vector
11. Describe the axes of leads (hexagonal reference system)
12. Comprehend the vectorial analysis of the normal ECG
13. Determine the mean electrical axis of the ventricular QRS and appreciate the mean axis deviation
14. Explain the concepts of current of injury, J point, and their significance
Study Resources:
1. Chapter 11, Guyton and Hall Textbook of Medical Physiology, 14th edition
2. Chapter 9, Human Physiology - From Cells to Systems, Lauralee Sherwood, 9th edition
3. Chapter 29, Ganong’s Review of Medical Physiology, 26th edition
4. Electrocardiogram, StatPearls - https://www.ncbi.nlm.nih.gov/books/NBK549803/
5. ECG in Medical Practice by ABM Abdullah, 4th edition
6. Chapter 3, Cardiology Explained, https://www.ncbi.nlm.nih.gov/books/NBK2214/
7. ECG Basics, http://www.nataliescasebook.com/tag/e-c-g-basics
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Theft: Appropriation and consent
- 1. Theft: Appropriation and Consent Please note that the pictures in here are not by any means an indication of the true identify of the parties to the proceedings. They are simply a tool to ease our memories ;)
- 7. Theft: Appropriation and Consent Answers Please note that the pictures in here are not by any means an indication of the true identify of the parties to the proceedings. They are simply a tool to ease our memories ;)
- 8. Lawrence (1971): The driver had appropriated the money despite the student consenting to him taking it.
- 9. Fritschy (1985): Following the decision in Morris the courts held that there had been no appropriation in England because D had taken possession of the money with authority or consent. Therefore there was no appropriation in England but arguably there had been appropriation in another jurisdiction. This decision may appear to the layperson to be unfair.
- 10. Dobson v General Accident Fire and Life Assurance Corp (1990): Following Lawrence the purchaser did assume the rights of the owner. He also did so dishonestly and with intention permanently to deprive Dobson of them. The fact that appropriation took place with Dobson’s consent was irrelevant.
- 11. Gomez 1993: The consent of the owner was irrelevant in deciding whether an appropriation had taken place.
- 12. Gallasso 1993: Taking of property with the owner's consent could amount to appropriation, for "appropriation" was an objective description of the act done irrespective of the mental state either of the owner or the accused; but, in the instant case, the paying in of the cheque by the nurse into a trust account of which the victim was the sole beneficiary could not be regarded as appropriation.