Summary: Mamonotesyr2 1 200

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• 1 I Crimes Against the Safety of the Government

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• What is the focus of the very first title of Part II of the Criminal Code?

  The title addresses crimes against the safety of the government, including:
  

  • Striking at the foundation of the state
  • Corresponding to English Law's concept of Treason
  • Representing the most heinous crimes

• How is "Treason" defined in relation to its etymology?

  The term "Treason" originates from the French trahir and Latin tradere, meaning:
  

  • Acts of perfidious betrayal
  • Breach of faith to the King (High Treason)
  • Breach of faith from inferiors (Petit Treason)

• What constitutes High Treason under English Law?

  High Treason can occur through:
  

  • Breach of loyalty to the King
  • Acts like plotting against the King's authority
  • Historically involved deliberate actions against a sovereign

• What changes occurred in 1828 regarding Treason?

  Post-1828, a significant procedural change determined:
  

  • Homicides of superiors are treated as ordinary murders
  • High Treason is the only remaining form of Treason

• Why was there previously great latitude in defining Treason at Common Law?

  Judges had discretion which led to:
  

  • Creation of constructive Treasons
  • Fraud and arbitrary constructions raising offences
  • Inconveniences for potential victims of tyranny

• What legislation helped define Treason offenses more clearly?

  The Statute of Treasons helped by:
  

  • Establishing clear definitions of offenses
  • Reducing judicial discretion in determining Treason
  • Aimed at preventing tyrannical abuses

• How were the inconveniences related to Treason addressed historically?

  The Statute of Treasons addressed these issues by:
  

  • Defining specific offenses that constitute Treason
  • Minimizing judges' discretion in classification
  • Aiming to prevent arbitrary and fraudulent accusations

• What is the first mode of committing Treason under the English Statute?

  The first mode of committing Treason is:
  

  1. Taking away the life or liberty of the King or Heir Presumptive.
  2. Compassing the death of the King, Queen, or their eldest son.
  3. Requires an open or overt act for conviction.

• How is the crime of Treason justified according to Mr. Justice Foster?

  The justification includes:
  

  1. The King as head of the body politic.
  2. His safety is crucial for public tranquillity.
  3. Treasonous acts affect the entire nation.

• What does the term "compass" refer to in the context of Treason?

  "Compass" signifies:
  

  1. The purpose and design of the mind or will.
  2. Does not imply carrying out the design.
  3. Requires demonstration through an overt act.