Enron - 3125 Words

Abstract The financial collapse of Enron had substantial and far-reaching ramifications throughout the financial investment field, tax compliance professions and the accounting profession. Intense Congressional scrutiny resulted in a new era of transparency in financial reporting, stricter reporting standards as provided in Sarbanes-Oxley and substantial penalties for failure to comply with new financial reporting and tax compliance standards in the Internal Revenue Code (Bottiglieri et. al., 2009) Enron Assignment The Enron scandal, revealed in October 2001, eventually led to the bankruptcy of the Enron Corporation, an American energy company based in Houston, Texas, and the dissolution of Arthur Andersen, which was one of the†¦show more content†¦UC s law firm Coughlin Stoia Geller Rudman and Robbins, received $688 million in fees, the highest in a U.S. securities fraud case (DeBare, 2008). At the distribution, UC announced We are extremely pleased to be returning these funds to the members of the class. Getting here has required a long, challenging effort, but the results for Enron investors are unprecedented (Davis, 2008). Sarbanes-Oxley Act Between December 2001 and April 2002, the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Financial Services held numerous hearings about the collapse of Enron and related accounting and investor protection issues. These hearings and the corporate scandals that followed Enron led to the passage of the Sarbanes-Oxley Act on July 30, 2002 (Chhaochharia Grinstein, 2007). The Act is nearly a mirror image of Enron: the company s perceived corporate governance failings are matched virtually point for point in the principal provisions of the Act (Deakin Konzelman, 2003). The main provisions of the Sarbanes-Oxley Act included the establishment of the Public Company Accounting Oversight Board to develop standards for the preparation of audit reports; the restriction of public accounting firms from providing any non-auditing services when auditing; provisions for the independence of audit committee members, executives being required to signShow MoreRelatedEnron Of Enron And Enron1209 Words   |  5 PagesEnron Cooperation, is a company that was based in Houston Texas and was an energy company. This company filed bankruptcy in 2001 leaving a lot of its employees that had no knowledge about what was going on jobless and the company investors losing a lot of money. This was one of biggest companies in the united states, it had a lot of assets all over the country and was operating on a lot of profit that nobody knew how and why. The movie, â€Å"Enron, The smartest guy in the room† shows that the companyRead MoreEnron : Enron And Enron1143 Words   |  5 PagesEnron was formed in July 1985 by the merger of InterNorth and Houston Natural Gas (Enron Fast Facts, 2015). Kenneth Lay became chief executive of Enron and he hired Jeffrey Skilling to look after the company’s energy trading operation (The rise and fall of Enron, 2006). Skilling’s plan was to be basically a gas bank where buys gas from suppliers for future years at previously agreed prices and sells the gas to its customers in advance to purchase at specified prices for future years. By doing thatRead MoreEnron Of Enron And Enron1387 Words   |  6 PagesEnron was formed in 1985 from the merger of two gas companies from Texas and Nebraska. Enron became the first company with all-American network of gas pipelines. In 1997 Enron bought power generating company Portland General Electric Corp. worth $ 2 billion. Before 1997 ended, the management turned the company into Enron Capital Trade Resources which became the largest American companies that trade in natural gas and electricity. Revenue increased dramatically from $ 2 billion to $ 7 billionRead MoreEnron And Enron Of Enron1781 Words   |  8 Pagesâ€Å"During the Enron debacle, it was workers who took the pounding, not bankers. Not only did Enron employees lose their jobs, many lost their retirement savings. That s because they were at the bottom of the investing food chain.† In July of 1985, Houston Natural Gas merged with InterNorth, to create Enron, and Kenneth Lay became CEO the following year. In 1989, Enron began trading natural gas commodities. In 1997, Andrew Fastow devised the first steps to hide debts and inflate profits and one yearRead MoreEnron : Enron And Enron Scandal Essay1269 Words   |  6 PagesEnron was one of the largest energy, commodities, and services company in the world. It was founded in 1985 and based in Huston, Texas. Before its bankruptcy on December 2, 2001, there are more than 20,000 staff and with claimed revenues nearly $101 billion du ring 2000. Enron was the rank 16 of Fortune 500 in 2000. In 2001 it revealed that Enron’s financial report was planned accounting fraud, known since as the Enron scandal. In the Enron scandal, Enron used fraudulent accounting practices to coverRead MoreThe, Enron, And Enron1844 Words   |  8 PagesThe complete destruction of companies including Arthur Andersen, HealthSouth, and Enron, revealed a significant weakness in the United States audit system. The significant weakness is the failure to deliver true independence between the auditors and their clients. In each of these companies there was deviation from professional rules of conduct resulting from the pressures of clients placed upon their auditors (Goldman, and Barlev 857-859). Over the years, client and auditor relationships were intertwinedRead MoreEnron : The Collapse Of Enron1644 Words   |  7 PagesEnron was once one of the world s leading energy companies by reshaping the way natural gas and electricity were b ought and sold. They filed the largest corporate bankruptcy in American history in 2001. Enron Corporation was an energy company running out of Texas that was started when two companies, Houston Natural Gas and InterNorth, merged together in 1985. By 1992, Enron became the largest seller of natural gas in North America and began to offer other services like wholesaler trading and riskRead MoreThe Enron Scandal Of Enron Essay1458 Words   |  6 Pagesevent that took place in our economy was the Enron Scandal, which happened in late 2000 and lasted into the following year. Those who were involved in this incident directly such as CEO’s Ken Lay and Jeff Skilling thought what they were doing was not wrong and that they were able to get away with making millions falsely (Seabury, 2008). However, this was a serious crisis situation and many people were affected through the process as well as their money. Enron was valuing themselves at a higher priceRead MoreEnron : The Demise O f Enron1740 Words   |  7 PagesEnron was a corporation that reached heights unknown, only to watch it fall apart from the inside out based on a foundation of falsehoods and cheating. Enron established a business culture that flourished on competition and was perceived in society as an arrogant corporation, mainly because of its corporate leadership. The fairytale of Enron actually ended as a nightmare with it destroyed by one of America’s largest bankruptcies in history. The demise of Enron impacted the livelihood and futuresRead MoreEnron And The Enron Scandal1588 Words   |  7 PagesEnron was a corporation located in Houston, Texas and in just fifteen years the US energy trading and utilities company grew to become one of America’s largest and more successful cooperation’s. Enron suffered a major fall. After being one of the most successful corporations Enron became the biggest company to file bankruptcy in history. In this research paper it will discuss about the history of Enron, the fraud committed and who is to blame. The historical development of white collar crime in the

The Creation of Enkidu Essay - 2336 Words

Creation stories are symbolic accounts of how the world and its inhabitants came about. These stories first developed in oral traditions, so there are multiple accounts of them from different cultures and societies. The Babylonian Creation story, the Genesis Creation story, and the Sumerian story of the Creation of Enkidu are examples of these and the similarities are interesting. As Dennis Bratcher states, â€Å"Because of many parallels with the Genesis account, some historians concluded that the Genesis account was simply a rewriting of the Babylonian Story. As a reaction, many who wanted to maintain the uniqueness of the Bible argues either that there were no real parallels between the accounts or that the Genesis narratives were†¦show more content†¦In the Genesis story, God creates man in his own image and likeness. There are different versions of the Genesis bible. In one of these versions, it is said that humans were made from clay. One difference of the crea tion stories is that the Sumerian and Babylonian people have many gods, but the Hebrew people have only one god. In all of these stories, only one god creates man. The Hebrew God can never die. He is immortal. The gods in the Babylonian and Sumerian story can be defeated. The gods in the Sumerian and Babylonian stories are like the â€Å"man† that the Hebrew god created. â€Å"Man, that is born of woman, is of few days and full of trouble. Like a flower he comes forth and is withered; he flees like the shadow and does not endure† (Job 14:1-2). In the Babylonian creation story, man was made of the blood of Kingu who was a troublesome god who was killed for the purpose of his blood. He was created primarily in order to serve the gods and free them from the need of working for their â€Å"bread.† In the Genesis creation story, man was made to rule over the animals and creatures of the earth. In the Sumerian creation story of Enkidu, it is said that he was created solely for the purpose of balancing Gilgamesh out so Uruk could finally have peace. â€Å"The people suffer from his tyranny, the people cry out that he takes the son from his father and crushes him, takes the girl from her mother andShow MoreRelatedEnkidu And The Creation Of Gilgamesh964 Words   |  4 PagesEnkidu is created for the sole purpose of distracting Gilgamesh. The Akkadian creation myth sets mankind as a servant to the gods. Servant might not be the right term, though. Man was created less to serve the gods, more to serve their will. This is not to demean man, but to bring man to an almost godlike level without the belittling the gods. If man is more than just a servant to the gods, if he is a necessary part of their primary goal, then man becomes a critical part in the system. Someone whoRead MoreGilgamesh vs Bible1424 Words   |  6 Pageswork did not influence the other. The way in which these two books begin is creation. This is the first similarity that we can state. But in the Bible it was the creation of Adam and in Gilgamesh the creation of Enkidu. There are actually two different stories in the Bible in which Adam is created while there is just only one story of Enkidu’s formation. A major parallel that can be seen is between Adam, and Gilgamesh and Enkidu. God created Adam in his own image, and ordained man to dominate over allRead MoreThe Fall From Moral Perfection1442 Words   |  6 Pagesthe unharmonious relationship between nature and the individual. In the city, people indulge in unnecessary luxuries, often ignoring and damaging natural creations. On the other hand, however, those in the wilderness are constantly feared by the civilized with the preconceived notion that they are barbaric and animal-like. Created a wild man, Enkidu was more animal than man, therefore he was immune to the sins of civilization until Shamash, the harl ot sent by King Gilgamesh of Uruk, seduced him. TheRead MoreThe Epic Of Gilgamesh : The Goddess Aruru, The Temple Prostitute, And The Unnamed Bride1206 Words   |  5 PagesThere are three important women in the epic of Gilgamesh: the goddess Aruru, the temple prostitute Shamhat, and the unnamed bride. Each of these individuals give unique insight into the culture of the Sumerians in the time of Gilgamesh and Enkidu. The goddess Aruru exemplifies that, despite being a deity, all women were subjected to certain constraints based solely on their gender and societal norms. Shamhat demonstrates that women held various functional roles in society, including roles withinRead MoreGender Roles in The Epic of Gilgamesh688 Words   |  3 Pagesthe Mesopotamian culture that produced the text. On one hand, the female principle is responsible for creation. On the other hand, the female principle also has the ability to destroy: the epic takes a largely dim perspective of humanity, and often, b y extension of women, because the source of all creation is a goddess, Aruru. Aruru creates but she also generates suffering. Gilgameshs friend Enkidu runs wild until he sleeps with a harlot, after which the wild beasts which were once his friends rejectRead MoreMesopotamian And Ancient Egyptian Are Two Very Comparable946 Words   |  4 Pagesrapes nobles’ wives and take whatever he wants from his people. As a result of, he is feared by people and ultimately led to the creation of Enkidu. When Gilgamesh’s’ people complained about his ruling, the gods listened and Aruru, the goddess of creation took clay and shaped it into an Enkidu. Enkidu acts like Gilgamesh’s counterpart. While, a prostitute tamed Enkidu, Enkidu reciprocate this by taming Gilgamesh. Slowly, the story turned out to be about friendship. The Tale of Sinuhe only revolvesRead MoreAnalysis Of Enkidu s The Epic 849 Words   |  4 Pages Enkidu’s role in the epic explores the idea that humans cultivation of the earth to suit their own needs will lead to their demise. Enkidu was depicted as androgynous to allow the reader to see themselves in the journey and allows the narrator more flexibility. Enkidu was described as â€Å"lush with head hair like a woman†. Gilgamesh recounted a dream to his mother saying, â€Å"I fell in love with it like a woman I caressed it†. The use of the word â€Å"it† can imply gender is disregarded and allows the narratorRead MoreThe Epic Of Gilgamesh Essay1721 Words   |  7 PagesThe old men of Uruk told Aruru, the goddess of creation, that since she made Gilgamesh, she must now make someone strong enough to stand up to his tyranny. Aruru created Enkidu from a simple pinch of clay as an equal, rival and ultimately to become Gilgamesh’s saviour. Enkidu’s creation parallels the biblical story of Adam’s creation from the earth, ‘the Lord God formed the man of dust from the ground’. Genesis 1:27. Additionally, Gilgamesh and Enkidu essentially mirror each other both in physiqueRead MoreAnalysis Of The Epic Of Gilgamesh 738 Words   |  3 Pagesthis, they call out to the sky god Anu for help. Anu decides to turn to the goddess of creation, Aruru whom makes an equal for Gilgamesh. Aruru created Enkidu to be just like Gilgamesh and for them to contend together and leave Uruk in quiet. When Gilgamesh got up and went to the house of a bride waiting for the bridegroom, Enkidu stepped out and stood in the street blocking the way. They met at the gate and Enkidu put his foot to prevent Gilgamesh entering the house. This began a fight between theRead MoreThe Between Humans And The Gods1515 Words   |  7 Pagesbeing a ruler who does not treat his people well â€Å" Gilgamesh sounds the tocsin for his amusem ent , his arrogance has no bounds by day or night.no son is left with his father for Gilgamesh takes them all†(gilgamesh,62) Aruru (the Goddess of Creation) creates Enkidu, who is supposed to be the equal of Gilgamesh so they could contend together and leave uruk in quiet. Despite their display ability to use their immense power to affect daily events they are also are presented as being like humans, have

Nursing and Nurse Practitioner Free Essays

My Career goal Tiffanie Brown My all time career goal is to become a Nurse Practitioner. I will have a lot of hoops to Jump through in order to get there but I am determine to achieve my goal so I no I will Succeed in this process. Currently I am working as an LPN at a long term care facility which I enjoy very much I attended almost 2 years of school to be able to sit for my license board for my LPN It was not easy at all I had a lot of long nights studying and early clinical mornings I first started out in a computer class to make sure I had general computer knowledge. We will write a custom essay sample on Nursing and Nurse Practitioner or any similar topic only for you Order Now Then I currently moved to pharmacology and my basic nursing classes. Each class was A month long and focused solely on that specific class. After 6 months of nursing classes I currently moved on to my clinical piece of nursing School. Which were sometimes all day and night. We had to pass each portion of our Clinical rotation in order to be able to move on to the next clinical. It was not easy but I made it through my clinical rotation, it took a lot of focusing on my certain tasks but I took my time and proceeded to pass all subjects, after my clinical portion was complete I had to take an exit exam so I was able to sit for my boards, I studied days and nights and It paid off I passed my exit exam and was able to sit for my state boards. I took them And passed on my first try, I received my license and been practicing for the last two years. Currently I am at U. C Raymond Walters College taking my necessary pre-reqs so I can Get into the LPN-RN bridge program they offer. I will have to take a year almost Of my pre-req classes in order to qualify for the program, I have to take several Math classes, English comp 1,2,3 I have to take bio-organic chemistry, global Community, anatomy 1,2,3 I will have to take pharmacology, pediatrics, med surge And my year of clinical so I am ready to take my exit exam in order to sit for my RN Exam. Once I take my RN exam and pass that I will be able to get accepted into the Bachelors program, to complete that program I will gave a lot of papers to complete On history as well as the clinical aspects of nursing, I will have to do a few week Internship In order for me to qualify to be able to receive my bachelors. It will Take about a year for Me to receive my bachelors from my associates degree give or take a little more or little Less time. After that is complete I will move onto my process of being accepted to The masters program. Once I am officially accepted into my masters program I will have Almost a year of classes such as advanced pediatrics, advanced acute care, advanced Family practice, advanced women’s health and a basic nurse practitioner course, also Primary care on the adults and the aged. My instructor will have to make sure I pass Every course with a 3. 5 or better GPA in order for me to pass the program. I will Have several hands on clinicals with live patients as well as dummies. I will also have Several research papers I will have to do in order to complete my program . This process Will take quite a few years to complete, considering I am doing this process in a step By step manner. But I like to learn all aspects of this field and what the limits of practice Are for each title, I would also like to learn the acute care versus the trauma care, Surgical care, pediatrics care, and OB care before I move into the full blown Nurse practitioner care when I am not working fully one on one with a certain patient At all times, that is why I want to take this process slow and learn all aspects before I focus solely on one thing. And that is what it will take me to receive my all time goal Of a Nurse Practitioner. How to cite Nursing and Nurse Practitioner, Essay examples

Response to Going to Meet the Man by James Baldwin Essay Example For Students

Response to Going to Meet the Man by James Baldwin Essay One Never forgets What They are TaughtJames Baldwin, an African American author born in Harlem, was raised by his violent step-father, David. His father was a lay preacher who hated whites and felt that â€Å"all whites would be judged as they deserve† by a â€Å"vengeful God† (Klinkowitz and Pritchard, p.1999). Usually, the father’s anger was directed toward his son through violence.Baldwin’s history, in part, aids him in his insight of racism within the family. He understands that racists are not born, but rather racists’ attitudes and behaviors are learned in the early stages of childhood. Baldwin’s Going to Meet the Man is a perfect example of his capability to analyze the growth of a innocent child to a racist. Every child is born with innocence. During the flashback to Jesse’s childhood, where he witnesses the mutilation and torture of a blackman, Jesse’s innocence is apparent. Jesse has a black friend named Otis who he ha sn’t seen for a few days. When he asks his father where Otis is, the father replies, â€Å"I reckon Otis’s folks was afrad to let him show himself this morning†(Baldwin, p. 2006). Jesse naturally responds, â€Å"But Otis ain’t do nothing.† His father explains, â€Å"We just wanna make sure Otis don’t do nothing, and you tell him what your Daddy said†(Baldwin, p. 2006). This statement implies that because Otis is black, he is eventually going to do something wrong. The father has subconsciously put negative thoughts inside of Jesse’s head. Baldwin’s own father also acted in this way when he stereotyped all whites as being bad and claimed they would be punished by a vengeful God. In the midst of all the commotion, Jesse is unable to sleep the night before the lynching. Within another flashback to that night, Jesse feels a strong need to have his mother close to him but â€Å"he knew his father would not like this†(Baldwin, p. 2006). â€Å"He wanted to call his mother† and becomes very frustrated and angry with his father because the father is the reason that he could not got to his mother. He knows that they are going to have intercourse and this bothers him. â€Å"He heard his mother’s moan, his father’s sigh; he gritted his teeth†(Baldwin, p. 2006). Sigmund Freud’s Edipus Complex explains Jesse’s reaction. The Edipus Complex is a son’s sexual longing for his mother. Jesse becomes jealous and â€Å"his father’s breathing seemed to fill the world†(Baldwin, p. 2006). As result of the longing for the mother, a resentment toward the father arises because the father has the mother all to himsel f. Jesse, in this situation, would like to replace the father so that he may experience the mother in a sexual manner.Jesse does not shake this feeling until he replaces the longing of his mother with a clossnes to the father, a common effect of the Edipus complex. Jesse’s innocence disappears completely during the flashback of the day of the lynching. The father is getting Jesse excited about the violence to come as he assures him, â€Å"We’re going on a picnic. You won’t ever forget this picnic†(Baldwin, p. 2007), Jesse replies, â€Å"Are we going to see the bad nigger?†(Baldwin, p. 2007). He uses the adjective bad, revealing the influence of the father ‘s previous comments about the black man. They arrive at the lynching and Jesse’s father shows concern toward how Jesse is feeling, â€Å"you all right?†(Baldwin, p. 2009). Then, the father â€Å"reached down suddenly and sat Jesse on his shoulders,† making Jesse feel like he was bonding with his father. He felt secure. They watched the relentless burning of the negro together and Jesse last thought of innocence arouse, â€Å"What did the man do?†(Baldwin, p. 2010). After asking himself he looked to his mother and felt, †Å"she was more beautiful than he had ever seen her before† and â€Å"he began to feel a joy he had never felt before†(Baldwin, p. 2010). After the Negro genitals were mutilated he was left to slowly die, the father looked to Jesse with peaceful eyes and said, â€Å"Well, I told you, you wasn’t ever going to forget this picnic†(Baldwin, p.2010). It is as this moment that Freud’s Edipus complex is once again displayed. The bonding and identification felt by Jesse toward the father has replaced the longing for the mother. â€Å"Jesse loved his father more than he had ever loved him†(Baldwin, p. 2010). He feels like a man because, â€Å"his father had carried throught a mighty test, had revealed to him a great secret which would be the key to his life forever.† He subconsciously traded his innocence for closness to his father. There has surely been no black writer better able to imagine whit experience, to speack in various tones of differ ents kinds and behaviors of people or places other than his own(Klinkowtiz and Pritchard, p. 1999). Going to Meet the Man allows readers to recongnize how a racist is built through ingnorance. Baldwin ends his story with Jesse in bed with his wife. The memories of the mutilation of the negro arise in his mind and he feels arrounsed. He turns to his wife and says, Come on sugar, Im going to do you like a nigger. Jesse cannot recognize that these memories of the lynching have made him sexually arroused by violence. As a result, he has become a violent man with a disturbed idea of love, sex and blacks.Bibliography:

Anna and the King free essay sample

This movie shows the differences between two persons personality, cultures The Oriental culture represented by King Mongkut and the Occidental culture represented by Anna. This differences strated when Anna came to Siam with her son Louis to teach the children of the King. Anna is direct person she says what she thinks, she has a strong character and the king is an inflexible person with a good heart and a strong desire of make his people progress without forgetting their own culture but he is used to be treat like a god because in the Siam culture the King is treat like a god, everyone have to venerate the king by kneel down in front of him and it was not allowed to anyone to look at him at the eyes but for Anna the king was an important person who deserved respect and her way of showing was making a bow and talk to him looking straigh to his eyes because for her not looking to a person when they were talking was unrespecful. We will write a custom essay sample on Anna and the King or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Anna and the King talk to each other and she told him that she denies to kneel down in front of him because this was not her culture and that she was a guest so she just will made a reverence to show her respect to him, and the king agree with the condition that her head should not be over his head. Other cultural difference that they experience was when Anna found a Slave outside chained because she has been punished for trying to buy her liberty, she didn? like this and she went and talk to the king about this injustice, but for the king this was a normal thing and she explain to him that people shouldn? t be slaves because they are human beings just like any other person, when the king heard Anna reasons he decided to talk to the owner of the slave and give the slave her liberty. Another cultural difference is what happened with Tuptim the favorite concubine of the king who was already engaged when brought to the court. The King is kind to her, but shes too unhappy and at last runs away, disguising herself as a young man and joining the monastery where her fiance, Khun Phra Balat, lives. She is tracked down and brought back to the palace, imprisoned, and initially caned along with her Balat. Although the King intended to mitigate the severity of the final charges, Anna, in front of the entire court, insists that the King be merciful, severely limiting the Kings ability to sanction a lesser punishment out of political and cultural concern that it would appear as though he had been lenient because of Annas insistence; Tuptim and Balat are beheaded in front of the entire court, despite the well held belief that the sentence is monstrously unfair. Besides this differences Anna respects but doesn? t share the same idea of how Siam men treat the women because women cannot decided with whom she would like to get married, they cannos express her opinion or ideas about a situation or topic and also cannnot decided what they want to study if the husband do not allow her to do it. Also she had a problem with Prince Chulalongkorn was because he said to her that because she doesn? t have a husband explains her strong personality ideas and ways of her expressions this is why Louis beat the prince saying that he was insulting his father memory. Other difference is that the occidental custom is that men should be monogamous this means that men should only have one wife, insteads of Siam polygamous custom that the King have an Harem with all of his wifes and concubins. Among other differences that do not take much imporatnce in the movie are the religion because everyone in Siam practice buddism and Anna and Louis were Cristians, the Siam food because they have to get used to tha type of food, and the clothing although they never dressed like Siam people. At the end of the movie Anna and the King fall in love but they also understand that their love cannot be posible because of their differences, but both learn new and interesting things and how to understand the different cultures, personalities of each other

Research Paper on the Bermuda Triangle

Research Paper on the Bermuda Triangle With a map of the Atlantic Ocean, and a ruler, almost anyone can outline the Bermuda Triangle. Starting at Miami, Florida, draw a line northeast to Bermuda. Then draw another line from Miami southeast to San Juan, Puerto Rico. Connect these lines with a third line and you are looking at an area of ocean where hundreds of people have met tragic, unexplained death. The Triangle of Death. The Magic Rhombus. The Limbo of the Lost. The Twilight Zone. The Port of Missing Ships. The Devil’s Triangle. The Hoodoo Sea. These and more are names given to the mysterious Bermuda Triangle. The Bermuda Triangle has a long and perilious history and can still send shivers through the bravest sailors and aviators. However, the United States Board of Geographic Names doesn’t recognize the name Bermuda Triangle for that area of the Atlantic Ocean. Also, because it is part of a larger body of water, the Triangle does not have any â€Å"official† boundaries or markers. It does have â€Å"recognized† boundaries, like the explanation above, but there have been unexplained disappearances outside and near the â€Å"recognized† boundaries. Stories of strange occurences and bizarre events of the Bermuda Triangle date back as far as 1492. Christopher Columbus was on his famous  journey when he recorded seeing a fireball fly across the sky and land in the ocean, and he also wrote in his log that the ship’s compass was giving  inaccurate readings and acting strangely. He didn’t tell his crew this for fear of frightening his crew. But then, on October 11, 1492, Columbus and a crewman saw a light over the water, but then it vanished quickly. Hours later, Columbus and his crew sighted the islands of the West Indies. Then the disappearances began. In 1609, the Sea Venture disappeared of the coast of Bermuda. A rescue boat was sent after it, but it disappeared as well. These were the earliest known disappearances in the Bermuda Triangle. In 1750, three Spanish ships disappeared off the coast of North Carolina. In 1812, an American packet ship carrying Vice President Aaron Burr’s daughter disappeared in the Gulf Stream. In 1814, the U.S. warship Wasp vanished from the coast of South Carolina. But not all ships vanished without a trace. In 1840, the French vessel Rosalie was found drifting in the Triangle. Everything on her was in place and untouched, but she was utterly abandoned. On December 4, 1872, the Dei Gratia found the Mary Celeste floating in the Atlantic. The people on the boat and one lifeboat were missing, but everything else, including personal belongings, were intact. As the Twentieth Century rolled around, the disappearances increased. In 1902 the German vessel Freya was found in a region of the Triangle. It was listing on its side, part of its mast was damaged, and the crew were gone. In March 1918, the USS Cyclops left Barbados for Baltimore. When it was long overdue days later, a massive search was launched for it that continued for a month. It was never found, nor the crew of three hundred on board. It was the largest ship in the navy. President Woodrow Wilson said, â€Å"Only God and the sea know what happened to the great ship.† In 1924, the Japanese freighter Raifucu Maru radioed for help, but rescue ships never found her. In 1941, the USS Cyclop’s two sister ships, Proteus and Neurus, both vanished while traveling from the Virgin Islands to the United States. In 1944, the Cuban freighter, the Rubicon, disappeared near the Triangle and then reappeared with only a half starved dog on board. Airplane travel became more common toward the mid-Twentieth Century, and flights were scheduled across the Atlantic. The most famous of all the Triangle disappearances took place in 1945. The mystery of Flight 19. On December 5, 1945, Flight 19 left the Fort Lauderdale navy air base in Florida on a routine training mission. It went well until the return flight. The patrol leader, Lieutenant Charles Taylor, began having strange difficulties. He radioed the base and said his compass was no longer working properly, and that he couldn’t figure out the flight’s current location and direction. He tried to navigate by landmarks, but it was getting dark. Then a storm set in. Communications with the base worsened, but they still remained in contact. Eventually they lost contact, and the navy dispatched several planes to search for Flight 19, including a Marting Mariner. The Mariner could fly for twelve hours, which made it perfect for a search. But the Mariner never returned, and neither did Flight 19. Ian Thorne said in his book Bermuda Triangle, â€Å"Flight 19 is one of the biggest mysteries of our time. How could five military planes, with a seasoned captain, lose their bearing. It was perfect weather out where they were flying, with good visibility and clear water. When Taylor reported in that the water didn’t look right and they didn’t know what was up or down, and all their  instruments were not working properly, something must have happened that made all of the crew of the five planes disoriented. When the naval base was talking about sending out a rescue party while they were still in contact with Taylor’s squadron, and Taylor said, â€Å"Don’t send anyone after us.† Something otherworldly must have been happening.†(Bermuda Triangle Ian Thorp) In 1948, the airplane Star Tiger disappeared while en route to Bermuda, only moments after radioing ground crew they would arrive on schedule. In 1949, the Star Tiger’s sister plane, the Star Ariel, also vanished while traveling from Jamaica to Bermuda. As with any bizarre situation, people want to find a logical explanation. Many theories for the disappearances come from scientists and are based on facts. Other theories are more imaginable. The most common theory is human error. After all, the Bermuda triangle includes such popular places as Miami and Bermuda. Many of the people who travel through there are on vacation and they may be partying and drunk or simply not paying attention to what their doing. This can lead to accidents which cause disappearances and death. Another theory is exaggeration. Some people say that all the bizarre disappearances probably were exaggerated through storytelling and adding layers to the story to make it more interesting. Another theory is compass variation. Normally a navigator has to consider the difference between the compasse’s north and true north. In the Bermuda Triangle, it is one of only two spots on the planet where magnetic north and true north are perfectly aligned. Normally the t wo measurements of north are off by as much as 20 degrees. This is known as compass variation, and compasses have to be adjusted to account for the difference. In the Bermuda Triangle, where magnetic north and true north actually match, navigators must remember not to compensate. If they automatically compensate for a variation that does not exist, they will wind up off course. In the middle of the ocean that miscalculation could be fatal. Weather is another factor to explain the disappearances. In the Triangle, severe storms can for without warning and dissapate completely before reaching shore. The storms are usually too small for meteorologists to predict accurately. In severe weather the visibility could drop and and a pilot could literally dive into the ocean. Giant waves could be stirred up by the storms and could be large enough to engulf a ship and drag it under. Electricity generated by these storms could short out guidance systems and communications, leaving a ship or plane blind and powerless. The storm could then disappear as quickly as it appeared, and leave nothing but calm waters behind. Another theory is spatial disorientation. On a clear day a person can tell what is up or down. But if the person slowly tilts their head sideways and holds it their for a while, they will grow accustomed to it. If they then tilt their head back to normal they will experience a sudden disorientation, and that can happen vice versa. Normally, this would not be a problem for pilots, as they have instruments to tell them altitude and angle, as well as visual cues. But if it were dark or stormy, the dark sky would blend the water with the horizon, so a person would not know where the horizon was. If the instruments got fried by electricity or a person wasn’t believing what their instruments were telling them, that could mean the plane could be flying straight into the ocean. Another explanation is that pockets of methane gas are released from the ocean floor. Methane gas causes water in that area to become less dense, the water loses its buoyancy, and if a ship was over a large amount of methane, it would lose its buoyancy and sonk quickly. Scientists say that the Triangle is high in natural methane hydrates, and that means at any time gas could be released. The Bermuda Triangle has been a magnet for imagination for years. People propose that aliens abduct everyone in the Triangle. Stories of UFOs and strange sightings over the Triangle have been recorded for centuries. Some claim that the lost city of Atlantis lies in the Atlantic under the Bermuda Triangle and that crystals from the lost city mess up the engines and instruments of planes and ships. Others claim that the Bermuda Triangle is the source of black holes, which appear and disappear at random and suck up the occasional ship or plane. Still others think that the Triangle is the Gates of Hell. They say that those lost in it are now damned to Hell. Are any of the logical theories correct? Are any of the illogical theories correct? Is their some sort of force field set up by some government to protect a secret project? It is anyone’s guess to the explanation of the Triangle. New theories are formulated everyday, and old ones are discarded. Maybe someday one of them will be proven correct. Until then, The Bermuda Triangle will remain one of the world’s strangest and most bizarre mysteries.

Secondary market research or customer analysis on Octopus Card (a Essay

Secondary market research or customer analysis on Octopus Card (a product from Hong Kong) - Essay Example e-payment gained momentum. Now a growing number of transactions are occurring via electronic payment systems that serve as alternative to cash. This growth in e-payment has been fueled largely by smart card technology. Smart Card technology evolved in the mid 80’s but initially it was not much in use. During the last decade of 20th century, there was rapid increase in its use for diverse activities. Nowadays people are recognizing the potential of smart card technology for e- payments and are becoming more dependent on smart cards for their transactions. â€Å"Nowadays, most popular payment methods are based on cards i.e. magnetic cards, smart cards, contactless cards† (Ondrus and Pigneur, 2). E-Payments experienced a compound annual growth rate of 12.3 % globally during 1999 to 2004 (Global Electronic Payments Market Study and Forecast, 7). Today consumers, banks, merchants and retailers prefer electronic transactions. In U.S. alone, e-payments accounted for more than two-thirds of non cash transactions in 2006. In U.S. the electronic payment methods including debit and credit cards are displacing paper checks and cash payments at an accelerating pace (Wall Street Journal). Electronic money transactions are carried out mainly by three methods: credit, debit and stored value prepaid cards. Credit Card: Credit cards are based on buy-now-pay-later strategy. Examples of credit-based payment are Visa, Master and American Express smartcards. Credit cards are most popular payment method in the U.S. Debit Cards: Debit cards have a similar cost structure as that of the credit cards. But unlike credit cards, the amount from the account of the consumer is debited immediately. Consumer needs to enter a PIN in debit card transactions that proves time consuming for micro payments. Contactless Stored Value Cards: Third type of e-payment method is stored value smart cards. The stored value smart cards may be single purposed cash cards, multi-purposed payment

Is Existentialism Nihilistic Why or Why Not Essay

Is Existentialism Nihilistic Why or Why Not - Essay Example It is always linked with extreme skepticism and pessimism that condemns existence. Existential nihilism is based on the belief that the world is meaningless and has no purpose in that all existence in it such as pain or feelings are senseless. Therefore, existential nihilists such as Camus and Nietzsche regards feelings and thoughts as merely influence of prior causes (McBride 89). In a more elaborate sense, free will is denied. Further, they argue that existentialism is nihilistic because they believe that on this world, misery and suffering has dominated over pleasure while happiness has been elusive thus leaving mankind with the option of suicide as the only course to take. Existentialism can be said to be nihilism because it presents human life as ultimately meaningless and trivial. Friedrich Nietzsche argued that forceful effects will eventually destroy all religious, metaphysical beliefs, morals and accelerate the greatest crisis in history of human beings. Other existentialism nihilists such as Camus and Soren Kierkegaard argued that individuals had the responsibility of giving meaning to their lives despite of many struggles and distractions such as alienation, boredom, despair and absurdity (Cox 27). According to Nietzsche, there is no objective structure or order in the universe or world except that the order human beings give it. In addition, he argued that all values have no meaning and that human rationality is impotent. In this manner, he meant that every human belief is not true because there is no true or real world. Therefore, he proposes that in order for the world to exist, nihilism should be destroyed. Nietzsche argues that existential nihilism is absolute in that further scrutiny shows that highest values eventually devalues themselves. Inevitably, existential nihilism will present all loved and cherished convictions and truth as valueless. Therefore, such lack or collapse of relevance meaning and value of life will be the most destructive power or force in history, comprising a total assault on truth and nothing less than the crisis of humanity. Nietzsche analysis was real and accurate in that studies conducted on some cultures depicts some patterns of nihilism which shows some features of collapsing civilizations (McBride 57). Existential nihilism has the convictions that the life has no meaning in this sense; it argues that the world has no purpose by stating that existence in itself such as suffering, feeling and all actions is ultimately empty and senseless. For instance, it is argued that existential nihilism is a form or another and that has part of western realm from the beginning. It states that the life of deaths or mortal is so mean a thing or form as to be virtually un-life. For example, embodies similar type of extreme pessimism linked with existential nihilism. In ancient times, such pessimism may have reached its peak with Hegesis due to the fact that miseries outnumber pleasures, happiness is not possi ble to attain, and therefore, the philosopher argues that the best thing to do is suicide. In his argument, Jean-Paul Sartre ponders that existence precedes essence whereby he rules out any platform for establishing an essential or significant self or human nature. When illusion is abandoned, life is recognized to us as nothing thus leading to nothing else but existential horror and emotional anguish. In addition, existential nihil

Family Poll Essay Example | Topics and Well Written Essays - 250 words

Family Poll - Essay Example As much as one would wish to have his/her decision to get married or not, some cultures have not option for that. They are very dictatorial in that, when the right time approaches, one has to get married. This mainly applies to the males. Slaves were not regarded in any way in the society. They held no rights; therefore, their marriage could not be recognized or rather respected. Depending on the motives of their masters, the slave masters could be given a go ahead to oversee the ceremony, and rarely would the local minister be allowed to bind the couples. It’s not yet determined where such a custom stemmed from, but whether in Africa or in foreign countries, it makes no difference. At first, the enslaved people were traumatized about this, but after realizing that nothing actually changed they got used to it and they partially embraced as part of the custom. They knew that actually one day, it shall come to surpass. On the other hand, regarding the marriage between African-American couples, we cannot conclude the culture started from the white world, since most of the niggers from the white world were sired by slaves during the early times and from that such people were incorporated into that society and now here they are!. It therefore still makes no difference considering their origin; they still bear the label of slaves. This will therefore, always contradict with the traditional rituals that are deemed sacred on matters pertaining to marriage. Culture or rather traditional rituals can be amended to suit one interest, as at the present moment it is not very much respected. The concept of ownership in marriage life is very fundamental in people’s marriage life. People rejoice and feel they are really married when they are bind by their culture which they themselves have implemented. In other words, how would one feel when ruled or governed by your own

Research and study on the deviant woman

Research and study on the deviant woman Living in a period which had totally ignored women and the study of female deviance (prior to 1960s), Professor Frances Heidensohn saw, as other criminologists, the immediate need for research and study on the deviant woman. As a pioneer of feminist perspectives in criminology  [i]  , Heidensohns work provided the too much mans land of criminology and how women have been unfairly treated and neglected in previous studies. Heidensohn is considered to be a revolutionist in this field of criminology due to her pre-feminist work (Heidensohn 1968 and 1970) on the invisibleness and silence surrounding the female offender  [ii]  .Throughout her work and extensive research on a variety of different writers and criminologists, she stressed the lack of attention on gender dimensions and the tendency to over-sexualise women crimes. Clearly upset of this status quo, she pointed out also the necessity of taking into account autobiographical experiences of female offenders, who are the act ual objects of this study. Frances Heidensohn; a professor in the Department of Sociology at London School of Economics, by her investigation on the study of gender in the context of crime, could be said to have set the foundations for next generations studies on feminist perspectives in criminology. Her biggest question mark was why the chapter of women and crime has been buried for such a long time and why there has been a failure to examine such an important issue. Most of her books and articles try to provide adequate aetiologies to all these question marks. Fortunately, things changed since the 1960s and feminism criminology was developed. As Heidensohn suggested in a metaphorical way, Like a wardrobe of new exciting clothes, a whole treasure generated in criminology. It offers us a great deal more to enrich our knowledge of women and crime. But there is much more on offer too.  [iii]  In other words, Professor Heidensohn held that even thought feminist criminology has been developed there are still many gaps and much more to be done. Thus, Heidensohn illuminated the path towards the understanding of female criminology. In the field of criminological study and most sociological research and writing, analyses of criminal women cannot be found before the 1960s. But even where they are considered, they are subject to marginalising and distorting treatment as Oakley noted in 1982  [iv]  or similarly as Klein suggested female criminality has often ended up as footnote to works on men that purport to be works on criminality in general  [v]  . This lack of interest was really surprising in Heidensohns eyes.  [vi]  As Frances Heidensohn noted in an important early article on deviance, virtually no serious scholarship has been undertaken to explain the dramatic difference between male and female lawbreaking.  [vii]  Hence, this status quo, which was much more due to male dominance, impelled her to start an extensive research on the subject to provide sufficient answers to all these questions raised. What was central to her work was the amnesia and neglect of women in previous studies in crimi nology and the fact that even where women were recognised, they were depicted in terms of stereotypes and based on their supposed biological and psychological nature  [viii]  . Her major argument which she highlights in all of her books, articles is the necessity of exploring gender in terms of understanding crime. Her discussion was concerned with personal experiences and autobiographies of women offenders in relation to the courts, the law and the police. She strongly stressed that at all levels women have been treated differently than men and in some cases harsher. Under the provisions of criminal law, women are theoretically equal to men. Conversely, she underlined that in many cases the laws on prostitution, for instance, prejudice against women and in general there is tendency to over-sexualise female crime. Frances Heidensohn objected this attitude towards female crime. Prostitution was seen only as sexual deviance and not as the rational choice for some women who need the financial support for themselves and their children (Heidensohn, 1968, p.168)  [ix]  . Klein also shared this opinion. Furthermore, criminal laws and lawyers tended to apply stereotype notions of what a proper woman is and does and dual assumptions such as virgin and whore were made when dealing with female offende rs. Yet, Heidensohn did not criticise that and she recognised that one cannot divorce the law and lawyer from the society in which they operate with its enormous cultural heritage and traditions  [x]  .Although she did argue about the too much mens world that existed, truly annoyed by the domination of men in administration as well as in the draft of legislation because of the implications that had on female offenders. Further, the courts even though women committed fewer and less serious crimes than men, were often harsher with women. According to Frances Heidensohn, there were several reasons that explained this stance by the courts. One of the strongest arguments that she made was that female criminals were considered to be doubly-deviant. Women criminals were very rare phenomena, a fact that biased the behaviour of the courts towards them. As Heidensohn had pointed out in one of her earliest presumptions, Women defendants therefore seem stranger and thus less comprehensible than men: they offend both against societys behavioural rules about property, drinking, or violence and also against the most fundamental norms which govern sex-role behaviour  [xi]  (Heidensohn, 1970, p.134). In other words, if they had been morally wrong, then they will be punished more; Courts and other agencies treat women as deviant twice over: they have broken criminal law and social expectations of proper female behaviour.  [xii]  In addition, the whole court procedure is something particularly bewildering, alien and unfair to female offenders.  [xiii]   While doing her research, Frances Heidensohn gave a great emphasis on the stereotype notions and the social standards that the society held for criminal women. In patriarchal societies, women were perceived as a source of disorder. Moral values and accepted social standards, especially in previous periods of time, rendered women subject to stricter rules. Moreover, the witch image as well as that of the whore seemed to be the key portrayals of the deviant women. The stereotype of witchcraft, which has always been linked to women, gave the idea of deviant women as especially evil, depraved and monstrous  [xiv]  . On the other hand, the tendency to sexualise the female offences portrayed them as whores. Professor Heidensohn argued that no such notions exist, equivalent to male deviants. On the contrary, male deviants either receive public approval-boys will be boys,- or are at least more positively portrayed  [xv]  . She continued her argument and she strongly criticized the ro le the media had overplayed in forming these ideas; male offenders in novels, films were presented as heroes, something that affected the public reaction and opinion. In reviewing traditional criminology and classical criminological writers, Heidensohn observed that female criminality was determined by their biology and psychology. Lombroso; the father of criminology, and Ferreros research, which focused on the meditation of the skulls, bones and appearance of female criminals, came to the conclusion that women deviants could be recognised by their physical appearance and they had very similar characteristics to male deviants. Women criminals like their masculine counterparts, had certain allegedly atavistic features, notably unfeminine features and built and dark masculine hair.  [xvi]  Additionally, they claimed that criminal women are abnormal. Following these lines, Professor Heidensohn found herself contrary to this presumption. She argued that his analysis of photographs of fallen women is as objective as adjudication in a beauty contest.  [xvii]  Furthermore, Lombroso and Ferreros theories did not provide us an adequate and precise understanding of female crime.What they did show us was the attempt to rationalise and justify the status quo, the existing position of women and the double standard of morals of their day.  [xviii]  Thus they did not draw away from the stereotype notions and the dual assumptions about women (good or bad, normal or abnormal). Deviant Womens experiences was a central method used by Frances Heidensohn and feminist writers towards the understanding of female delinquency; concentration on the researched and their experiences. Even though this methodology received much criticism (Ramazanoglu and Holland 2002)  [xix]  , Heidensohn and Gelsthorpe argued that close reading of feminist discussions ultimately reveal no fixed absolutes beyond the need for sensitivity in the research task, for personal reflexivity and commitment to make the research relevant to women.  [xx]  This methodology vested women the right to speak for themselves, their experiences, their feelings and thoughts. The technique of viewing the world through womens eyes was successful in making women visible in criminology and additionally created awomens world too. The concentration on womens experiences led to some crucial developments in female criminology and feminist contributions to criminology. Feminism standpoitism as Harding puts it (1987)  [xxi]  reflected the concept of viewing the world through womens eyes and encouraged both theoretical and personal reflexivity in relation to knowledge and the process of knowledge production through research.  [xxii]  However, the key aspect of focusing on the experiences of female criminals was that it rendered gender as the basis of understanding and interpreting crime and social conduct rather than simply as a statistical variable. As a synopsis of her study, Frances Heidensohn argued that what seems to be needed in the study of female deviance is a crash programme of research which telescopes decades of comparable studies of males.  [xxiii]  Also, she was consistent with what Mannheim recommended, who held that an objective and scientific approach should try to treat female crime as a topic in its own right.  [xxiv]  She therefore concluded in her book on Women and Crime that in order to gain understanding on women and crime other analyses such as family life, position and social control of women, male dominance should be taken into account. Arguably, she supported that this could not be achieved through feminist criminology or sociology of deviance.  [xxv]   Frances Heidensohns observations have not been subject to too much criticism as Lombrosos or other criminologists theories. However, some points that she did make were subject to debate and disapproval. Allison Morris was one of those who contravened with some of her presumptions. Her enantiosis was basically on the fact that the criminal justice system is a peculiarly alien an unfamiliar world  [xxvi]  only for women. Morrison focused on the belief that criminal law is sexist in the treatment of deviant girls and women and she went on to say that such factors as race, family circumstances and commitments, types of offence and previous record all clearly mediate the treatment of both female and male defendants and may be that some of those factors are as important as gender, if not more so.  [xxvii]  Indeed, Heidensohn relied on this assumption; that sex is the most crucial aspect and that it is not only women who are being deprived in the criminal justice system. However, wh at Morrison strongly argued was Heidensohns failure to identify other groups of people who could be treated unfairly under the criminal system or the court could be biased against them and to whom the whole process might be unfamiliar and alien. Such groups of people, as Morris suggests could be for young black and working -class men or minorities.  [xxviii]  Finally, she pointed out that it is wrong to present womens experiences in the criminal justice system as a unitary experience. We know that black women are over-represented in our prisons. We need to be able to account for this.  [xxix]  In my personal opinion Morrison made a full disclosure of the reality; that minorities or black people or people of different social standards, could also be treated unfairly in court or could be subject to discriminatory wrongs. She made a very strong argument which did take into account and tried to defend other social and powerless groups and not only women, something that Heidensoh n failed to do. Moreover, that could be the basis for other perceptions that Heidensohn provided. This is the one of economic rationality or that of stigma. Consequently it is not only women who can be motivated by the economic needs to commit a crime; people of a lower class can commit crimes as a result of poverty; or it is not only women who fear the idea of being stigmatised by their offences. Carlen Pat also argued at this part that this stance could cause race or class conflicts. Finally, in general Carlen suggested that no feminism theory could offer aetiologies to three major issues concerning female delinquency; that womens crimes are in the main, the crimes of the powerless; that women in prison are disproportionately from ethic minority groups; and that a majority of women in prison have been in poverty for the greater part of their lives.  [xxx]   Synoptically, Frances Heidensohns contribution to criminology was enormous in relation to female offenders. It could be said as having two sides of a coin. Her research in conjunction with that of other feminist criminologists illuminated the path towards the understanding of the female deviance. However, even though they shed some light on it there are still some dark aspects. As Frances Heidensohn pointed out, the study of female deviance has still a long way to go. The most crucial drawback that I can identify in her work was the lack of consideration of other factors that could play a valid role in the field of understanding crime such as race, class, nationality, age and other social characteristics rather than only focusing on gender dimensions and giving privileges only to women.

Connie’s Choice in Where are you Going, Where have you Been? :: Where Are You Going Where Have You Been

Where are you Going, Where have you Been? – Connie’s Choice I think Connie opened the screen door because she wanted to escape from her life with her family into some kind of fantasy. I think there were other reasons also, but the story points to this one in many places. First of all, Connie was not happy at home. The story says that her father "was away at work most of the time," and "didn't bother talking much to them," so Connie didn't have love from him and had to find male attention somewhere else. Connie found her happiness in escaping with her friend to the drive-in restaurant and daydreaming about boys. But the happiness she found in both of these things had nothing to do with actual events; it is based on a fantasy. When she was out at the drive-in with a boy, her face gleamed "with the joy that had nothing to do with Eddie or even this place; it might have been the music." When she daydreamed about boys, they all "fell back and dissolved into a single face that was not even a face, but an idea, a feeling mixed up with the urgent pounding of the music..." A theme that runs through this story is that music seems to be the bridge from the real world into Connie's fantasy world. She doesn't know what she wants, but it's got something to do with "the music that made everything so good." When Arnold Friend drove up the driveway, Connie was listening to music, "bathed in a glow of slow-pulsed joy." She soon discovered that he was playing the same music in his car. This is not a coincidence; I think it makes a connection in the back of Connie's mind. And, the story says that it seemed to Connie like Arnold "had come from nowhere," and "belonged nowhere," and that everything about him "was only half real." I think in some strange way Arnold becomes to Connie the way to escape into her fantasy. When she learns his true intentions she is scared to death at first but eventually that fear gives way to "an emptiness." Connie thinks, "I'm not going to see my mother again... I'm not going to sleep in my bed again.

Criminal Law 9 Offences Against Property

Theft – The Theft offence is defined under S1 of the ‘Theft act 1968’. Where it provides that if ‘A person dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it,’ will be guilty of the offence. For this charge to be upheld, both the actus Reus and the mens rea have to be established. Actus Reus – Beginning with the physical element of the crime, the actus Reus it is made up of 3 elements – ‘appropriates, property, belonging to another. ’ Appropriation is defined in S3, ‘Any assumption by a person of the rights of an owner amounts to appropriation. This includes coming across the property innocently or not without stealing it and treating the property how the owner would. Examples of this would be using, eating, selling, destroying, lending/hiring the property. The case examples are: ? ‘Pitman v Hehl (1977)’ – ‘defendant sold propert y belonging to another. Offer of sale is an assumption of right. It didn’t matter whether the property was removed or not. ? ‘Morris, (1983)’ – At least one assumption of all the rights Switched price labels in shop. ? ‘Lawrence (1971)’ – With consent An Italian student paying for taxi ride, ? 6 instead of 50p. ‘Gomez’- Lied about cheques so friend could take supplied goods. Dishonestly appropriating goods, induced through fraud, deception or a false representation to consent. ? ‘Hinks’ – Consent without deception, got naive friend to put money in account. Said where gifts however also results to appropriation. Property has been defined under S4; this includes money, real property (buildings and land, personal property, things in action (bank accounts) and other intangible assets. (e. g. Patent) ? Kelly and Lindsay (1998) – Taken body parts from the royal college of surgeons to make casts.Normally dead bodies are not property however; belonged to the royal college. ? A-G of Hong Kong v Chan Nai-Keung- Stolen quota ? Oxford v Moss – Not intangible property , – knowledge of the questions on a exam paper ? Wild mushrooms and plants cannot be property unless it is taken for reward or commercial purposes. Not theft if creatures are wild, but theft if they are in captivity or owned. Belonging to another is defined under S5, ‘property shall be regarded as belonging to any person having possession or control over it, or having in it any proprietary right or interest. Therefore prosecution do not have to prove who the legal owner is. ‘Turner (no. 2) (1971)’ Stealing own car Garage was in control of the property as he left it with them to make repairs and pay thereafter. Guilty, when property may not belong to another. (1) Trust property, where trustee steals it (2) Property received under obligation – ‘Hall, (1972)’ – Travel agent, deposits for client tickets. Klineberg and Marsden,’ Obligation to make deposits in a certain way. Timeshare apartments. ‘Davidge V Bunnett’ Money for bill but didn’t. 3)Property received by another’s mistake – ‘A-G Reference (No 1 of 1983) (1985) – Salary overpaid through bank transfer, had an obligation to repay. Mens Rea – Within the offence of the theft the mental element of the crime the mens rea is the ‘dishonest intention’. Dishonesty, it has to be proved that they defendant appropriated dishonestly, there is no definition under S2 however it states that it is irrelevant whether it was made with a view of gain or own benefit. Therefore meaning if the other entire elements are present the defendant’s motive is not relevant.S2 provides 3 situations in which the defendant’s behaviour is not dishonest. If a genuine belief in one of the three below not guilty. A) He has in law the right to deprive the other of it, on behalf of himself of a third person. b) He would have the consent if the other knew of the appropriation and the circumstance of it. c) The person who the property belongs to cannot be discovered by taking reasonable steps. Willing to pay – it doesn’t prevent dishonest conduct. ‘A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property. The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital, He claimed fees for operations he had not carried out. COA decided dishonestly has both objective and subjective element. 1. Was the action dishonest according to the ordinary standards of reasonable & honest people? Objective 2. Did the defendant realise that what he was doing was dishonest by those standards? Subjective Here the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted.Intention to permanently deprive this is the final element, which is defined in S6. ‘Velumyl’ – Company manager took ? 1050 from safe. He said owed money to a friend and would replace later. COA upheld conviction as he has intention of permanently depriving company of banknotes. Permanent e. g. destroys property ‘DPP v Lavender (1994) – took doors from council property at time of repair and used to replace damage door in girlfriend council flat. Borrowing is not theft unless it is for a period and in circumstances making it equivalent to taking it or disposal Lloyd’ – Not theft, film taken copied and brought back undamaged. ‘Easom’ – The defendant picked up a handbag in a cinema, rummaged through its contents and then put it back without having taken anything, condition intention, not guilty. Robbery is an offence defined under S8 o f the ‘Theft act 1968’, it provides’ A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force,’ will be convicted of robbery.This is basically aggravated theft, by the use or/and threat of force. For robbery, theft must be completed for robbery to be committed, all the elements of theft need to be present, and therefore if there is no theft, there is no robbery. The elements which have to be proved for the actus Reus of robbery are:- 1. Theft 2. Force or putting or seeking to put any person in fear of force. ( immediately before or at time of theft and must be in order to steal) Completed Theft – Where force is used to steal, the moment that theft is complete, there is a robbery.A case example is Corcoran v Anderton (1980) – Defendant hit woman in back and then tugged at her bag. She let go of the bag, however the defendants ran off without it, as the lady was screaming. It was held that theft occurred, therefore guilty of robbery, (temporary Appropriation). If she had not let go of the bag, theft would not be completed, but could be charged with attempted robbery, (s9 (2) Theft Act 1968). Force or threat of force – The prosecution must prove that there was a force or threat of force present. This is determined by the jury. It has been said the amount of force use can be small. In ‘R v Dawson’, one the defendant nudged the victim causing loss of balance so the other could take his wallet. Jury to decide if the force was present; charged with robbery †¢ In R v ‘Clouden’, the defendant had wrenched on the victim’s handbag from her hands. COA held that whilst taking of property without resistance from the owner, should not amount to robbery, the question of force ‘on any person’ should be left to the jury. The force must be immediately before or at the time of the theft. – It is decided by the jury the length of theft, but it has been held that theft is a continuing act. When theft is completed. ‘Hale (1979)’, the two defendants forced their way in. One defendant put his hand over her mouth to stop her screaming while the other went upstairs and took a jewellery box and then tied up her up before leaving. COA, force of hand over mouth and theft ongoing. †¢ ‘R v Lockley’, the defendant The defendant, with two others, was caught shoplifting cans of beer from an off-licence and used force on the shopkeeper who was trying to stop them escaping   The defendant appealed on the basis that the theft was complete when he used the force, but the Court of Appeal followed Hale and dismissed his appeal. On any person – This force or threat of force can be put on any; it does not have to be the person from whom the threat occurs. An exampl e situation is bank robbery and force on customers. – Force in order to steal – If force is not used in order to steal it is not robbery, example being fight between defendant and victim and then theft. The defendant charged with OAPA and also theft. For the mens rea of robbery it must be proved that the defendant had the:- 1. Intention for theft 2. Intended to use force to steal. Burglary offence is under S9 of ‘Theft act 1968. It defines 2 different ways to commit burglary. Common elements of both, (a) entry (b) of building or part of building, (c) as trespasser. Under S9(1)(a)‘A person is guilty of burglary if he enters any building or part of a building as a trespasser , with intent to steal, rape, do unlawful damage and inflict gbh. Under S9(1)(b)‘ A person is guilty of burglary if he enters any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts or attempts to inflict gbh on any per son in the building. Actus ReusNot defined in ‘Theft act 1968’, but there are several cases of the meaning. ‘Collins’ – COA, Jury satisfied that D made ‘effective and substantial entry’ ‘R v Brown’ – ‘Effective entry’. D was outside shop window leaning in, looking through goods. ‘Ryan (1996)’ – D entered, trapped in window of a house at 2:30am, half body inside. The theft act gives extended meaning for the word building, but a basic definition is not given, however never really a problem with this. It includes houses, flats, offices, factories†¦ It also includes outbuilding and sheds.Large storage containers – ‘B and S v Leathley (1979) A freezer container had been in a farmyard and been used for storage. It had be held to be a building Part of building. This is where a defendant has permission to be one area of the building however not another. ‘Walkington (197 9) – D went to the counter of the shop and open the till. S (9) (1) (a). Defendant to be committed of burglary he must enter as a trespasser. If have permission – not a trespasser. ‘Collins’ – Drunken defendant wanted sex, he saw an open window and climbed a ladder to look. A naked girl was asleep in†¦ Entered the room.She thought he was her boyfriend †¦ they had sex. Charged under S9 (1) (a), Enter, trespasser with intent to rape. On appeal, conviction quashed as he was not a trespasser. A defendant can become a trespasser even if he has a permission to enter. This is when the defendant goes beyond the given permission. ‘Smith and Jones (1976)’ – Smith and friend went to smiths fathers house and took two television sets without his father’s knowledge/ permission. His father stated that his son is not a trespasser, (general permission to enter). However COA, guilty of Burglary, S9 (1) (b), ‘entering in acce ss of the permission given to him’.In line with ‘Barker v R (1983)’ Neighbour to look after property, told defendant that there is a key hidden if needed, but however entered property to steal. Mens Rea – 2 parts Both, S9 (1) (a) and S9 (1) (b), must intend or be subjectively reckless to enter as a trespasser. With S9 (1) (a) the defendant will also need the intention of committing at least one of the four offences stated when entering. He needs intention to steal or condition intention. For S9 (1) (b) the defendant must also have the mens rea for theft or gbh when committing or attempting to commit the actus Reus of burglary.Deception Offences (Fraud) and Making off without payment. Deception Offences ? Obtaining property by deception (s15 Theft Act 1968); ? Obtaining services by deception (s1 Theft Act 1978); ? Evading liability by deception (s2 (1) Theft Act 1978). Common Elements – (1) Deception (2) obtaining/evading (3) Dishonesty [pic]Basic de finition is stated in S15 (4) Theft Act 1968. ‘Any deception (whether deliberate or reckless) by words or conduct as to the fact or as to law, including a deception as to the present intentions of the person using the deception or any other person’.It applies to all 3 offences. It makes clear the deception can be words, silence, conduct†¦ Deception definition – ‘DPP v Ray (1973)’ – Lord Reid. ‘Deceive is to induce a man to believe that a thing is true which is false, and which the person practising deceit knows or believe it to be false’ Deception can be deliberate or reckless. Spoken or written words -‘Silverman- (1987)’ D gave excessive quotation to 2 elderly sisters, after building a good relationship from past. COA said it is deception. Quashed because jury. – Conduct (e. g. alse cards, uniform) – ‘Barnard- (1837)’ went in to shop in oxford worn student clothes, and stated that he w as a student, so could get sold products on credit. False pretent Silence– Can be implied in certain situations, ‘DPP v Ray’ – (1973). Went to restaurant with friends, he didn’t have enough money but friend agreed to pay, however they all decided not to pay and then ran out of restaurant. Circumstances Also when circumstances have changed – ‘Rai – (2000)’ – Applied for grant for downstairs bathroom for elderly mother. It approved but she died, did not tell council. Firth 1990)’ – Doctor who failed to inform the NHS hospital, that some patients were private, he avoided paying charged to the hospital. Use of cheques When a person writes a cheque, it implies that they have the bank account and money in this, to pay for the cheque, representations of fact. ‘Gilmartin (1983)’ D paid for supplies with a post dates cheque which he knew would not be met. Use of cheque guarantee cards – It i s issued by the bank on current accounts, which has a limit of ? 50- ? 100. The bank guarantees that a cheque up to a specific amount will be met by bank. ‘Charles (1976)’. D bank account had overdraft of up to ? 00. Has cheque guarantee card for up to ? 30. Not meant to use more than 1 a do. Wrote 25 of ? 30, also knew he no sufficient funds. HOL, false representation S16, Theft act 1968 (Obtaining a pecuniary advantage by deception. Credit cards. Representations, user of card is the name on card and has the authority of Card Company to use it. ‘Lambie (1981)’ D had a Barclaycard credit card which had a limit of ? 200; she exceeded limit and bank asked for card to be returned. HOL reinstated it. Deception as to fact, law intention. False statement about the law can be deception and also deception about the facts. King and Stockwell (1987)’ The falsely represented to woman that they were reputable firm of tree surgeon, and made false claims to make h er agree to pay for work. Attempting to obtain property by deception. [pic]As well as proving deception, it must be shown that a person was deceived and property/service/ evade liability as a result of deception. Common in all deception offences. Deception is not relevant to the person to whom it is made. ‘Laverty’. D changed number plates and chassis of car and sold to plaintiff. Not deception as plaintiff thought he was owner and no prove of deception. Etim v Hatfield’ D produced false declaration to PO clerk that he was entitled to supplementary benefits. Clerk gave him ? 10. 60. Without deception no payment would be given. Machines, not possible for deception to happen, however it may be charged as theft. Deception after obtaining is not deception. ‘Collis-Smith’ D filled car up with petrol and claimed that his company would pay for his petrol. Ownership of petrol passed to him. Led to new law of the theft act 1978 under, S2. [pic] It must be pro ved in all deception offences. The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital.He claimed fees for operations he had not carried out. COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? Objective †¢ Did the defendant realise that what he was doing was dishonest by those standards? Subjective Here the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. – Intention to permanently deprive, S15 (3) states that S6 shall apply to this offence, the word ‘‘appropriation’ is changed to ‘obtaining. – Makes the deception deliberately or to be reckless as to whether they are deceiving others Obtaining Property by Deception is defined in S15 of the Theft act 1968 it states that any deception made to dishonestly obtain property belonging to another, with the intention of permanently depriving the other of it. It is similar to theft however property must be obtained through deception. Most offences of obtaining by deception could also be charged with theft, since the case of Gomez which overlapped these laws. Actus Reus. Obtain – S15 (2), states that obtain means ‘obtaining ownership, possession or control of it.Any one is sufficient; makes clear that obtaining can be for another person or to enable another person or to keep it. Property – It has the same meaning as it theft. It includes money and all other property, real or personal, including things in action (bank accounts) and other intangible assets (e. g. Patents). The only difference being that it has no restrictions on obtaining land (limited situations) Belonging to another has the same meaning as in theft, therefore it means ‘any person having possession or con trol over it, or having in it any proprietary right or interest. ’Obtaining because of deception – As well as proving deception, it must be shown that a person was deceived and property obtained as a result of deception. Deception is not relevant to the person to whom it is made. ’ Laverty’. D changed number plates and chassis of car and sold to plaintiff. Not deception as plaintiff thought that defendant was owner, no proof of deception. ‘Etim v Hatfield’ D produced false declaration to PO clerk that he was entitled to benefits. Clerk gave him ? 10. 60. Without deception no payment would be given. Deception after obtaining is not deception. Collis-Smith’ D filled car up with petrol and claimed that his company would pay for his petrol. Ownership passed to him. Led to S2 theft act 1978 Mens rea – Dishonest – The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital. He cla imed fees for operations he had not carried out. COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? O †¢ Did the defendant realise that what he was doing was dishonest by those standards? SHere the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. – Intention to permanently deprive, S15 (3) states that S6 shall apply to this offence, the word ‘‘appropriation’ is changed to ‘obtaining. ‘ – Makes the deception deliberately or to be reckless as to whether they are deceiving others Obtaining Services by Deception is a offence under S1 of Theft act 1978, which states, ‘S1 (1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence.S1 (2) It is an obtaining o f services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for. The defendant make the other person induce to confer a benefit by: AR Doing some act Causing some act to be done Permitting some act to be done This part of the actus Reus covers a wide range of situations of the ways that the offence can be committed. The act must cause a benefit to the defendant and must be proved that the benefit ‘has been or will be paid for. If the benefit is free there is no offence even if the defendant was dishonest. The victim doesn’t have to suffer any loss. Service – E. g. haircut, hotel stay, entertainment activity, film, repair of goods, cleaning and decoration etc. ‘Widdowson’ obtaining of hire purchases in order to buy a car was a service. ‘Halai’ Mortgage advantage not a service. But S1 (3) inserted into S1 by the the ft, (amendment) act 1996. Now contained in S1 theft 1978. ‘Sofroniou’ – Obtaining loans through a bank account or by way of overdraft was now, with the amending addition of S1 within the meaning of services.COA held that opening bank account and obtaining credit card is also a service. Understanding that the benefit has been or will be paid for. For there to be an offence they have to be shown that they were a benefit which had been or would be paid for. ‘Sofroniou’. D opened 2 bank accounts under false names, and then arranged for loans in both accounts causing account to become overdrawn. He then applied for store credit and exceeded limit. Convicted of S1 theft act 1978. Understanding of the payment Mens rea – Dishonesty, deception was made intentionally or recklessly – Dishonest – The Ghosh Test (1982) – Leading case on dishonesty.Ghosh a doctor, (a locum consultant) at hospital. He claimed fees for operations he had n ot carried out. COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? O †¢ Did the defendant realise that what he was doing was dishonest by those standards? S Here the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. – Makes the deception deliberately or to be reckless as to whether they are deceiving othersEvasion of Liability is under S2 if the Theft act 1978, it creates a number ways that evasion of liability can be committed2(1) (a) dishonestly secures the remission of the whole or part of any existing liability to make a payment, whether his own liability or another's; or 2(1) (b) with intent to make permanent default in whole or in part on any existing liability to make a payment, or with intent to let another do so, dishonestly induces the creditor or any person claiming payment on behalf of the creditor to wait for payment (whether or not the due date for payment is deferred) or to forgo payment; or 2(1) (c) dishonestly obtains any exemption from or abatement of liability to make a payment; shall be guilty of an offence. The liability is limited to legally enforceable liability Securing remissions of a liability – E. g. persuades creditor to let him off repaying all or part of debt, through untrue stories and deception. Jackson’ D paid for petrol using a stolen credit card, it was decided that he had an existing liability to pay for it by deception through the stolen credit card Inducing a creditor to wait or forgo payment, with (a) There must be an existing liability, but for (b) this offence it is enough if the defendant induces the creditor to wait for payment or forgo payment, the defendant must intend to make a permanent default. ‘Holt and lee’ – Two defendants had a meal i n a pizza restaurant, after they finished they made a plan to tell their waitress they had already made payment to another member of staff, so they could leave without paying. This was heard by an off duty police officer and they were arrested for attempting to induce a creditor to forgo payment. Turner’ (1974) – Defendant owed money for some work done, but the defendant said he had no ready cash and persuaded creditor to accept a cheque which he knew would not be met. Intent Obtaining an exemption from or an abatement of liability – Covers many everyday situations. E. g. People use invalid tickets or claim discounts that they are not entitled to. Leading case’ Sibartie’(1983) Defendant was a law student, bought two season tickets for daily journey, one ticket covering the beginning of his journey and the other ticket covering the end of his journey on; in between were 14 stations including an interchange station which had no valid ticked.At the in terchange station passing a ticket inspector, the appellant flashed ticked so fast so that she could not see what was on it. He with evasion of a liability by deception, contrary to section 2(1) (c) of the Theft Act 1978. ‘Firth 1990)’ – Doctor who failed to inform the NHS hospital, that some patients were private, he avoided paying charged to the hospital. Mens rea [pic]As well as proving deception, it must be shown that a person was deceived evaded liability as a result of deception. Common in all deception offences. Deception is not relevant to the person to whom it is made. ‘Laverty’. D changed number plates and chassis of car and sold to plaintiff. Not deception as plaintiff thought he was owner and no proof of deception. Etim v Hatfield’ D produced false declaration to PO clerk that he was entitled to supplementary benefits. Clerk gave him ? 10. 60. Without deception no payment would be given. Machines, not possible for deception to happ en, however it may be charged as theft. Deception after obtaining is not deception. ‘Collis-Smith’ D filled car up with petrol and claimed that his company would pay for his petrol. Ownership of petrol passed to him. Led to new law of the theft act 1978 under, S2. [pic] It must be proved in all deception offences. The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital. He claimed fees for operations he had not carried out.COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? Objective †¢ Did the defendant realise that what he was doing was dishonest by those standards? Subjective Here the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. – Intention to permanently deprive, S15 (3 ) states that S6 shall apply to this offence, the word ‘‘appropriation’ is changed to ‘obtaining. ‘ – Makes the deception deliberately or to be reckless as to whether they are deceiving othersMaking off without payment, is defined under S3 (1) of the Theft Act 1978, it provides ‘a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence. ’ The goods supplied or service must be lawful, if not there is no offence. This offence was created as the Theft act 1968 had many loop holes which meant many defendants were getting off not guilty even if defendants conduct seen by many as ‘criminal’. One gap was seen in the case ‘Greenburg’ (1972) – D filled car up at garage and driven off without paying, not guilty as moment petrol was appropriated it belonged to him. Payment on the spot’ includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided. Needs to be proved that POTS was required or expected. ‘Vincent’ (2001) – D stayed at two hotels and left without fully paying his bills, having persuaded both hotel owners, by deception, to postpone payment, so POTS was not required. The COA quashed his conviction under S3, because the hoteliers had agreed to postpone payment, which meant that the actus Reus had not been committed. Makes off – The defendant must make off for the spot that payment is required ‘McDavitt’- D refused to pay a bill after an argument with the manager. D walked towards the door but was told the police were called. D went to the toilet and remained there.Directed jury to acquit the defendant, as he had not made off without payment. ‘Brooks & Brooksà ¢â‚¬â„¢, D1 ran out of a rear door and D2 was caught having walked out of a restaurant. ‘The spot’ was treated as being cash register ‘the spot where payment is required. ’ Mens Rea – Dishonesty (Same as theft) -The Ghosh Test (1982) – Leading case on dishonesty. Ghosh a doctor, (a locum consultant) at hospital. He claimed fees for operations he had not carried out. COA decided dishonestly has both objective and subjective element. †¢ Was the action dishonest according to the ordinary standards of reasonable & honest people? Objective †¢ Did the defendant realise that what he was doing was dishonest by those standards? SubjectiveHere the jury would start was the objective test, if it was proved to be dishonest it was carried to the subjective test, however if it was not dishonest he would be acquitted. Knowledge that payment on the spot is required. It must be established that the defendant knew payment was required or expected of hi m. Examples are restaurants where bill paid before leaving. Intention to avoid payment ‘with intent to avoid payment for the amount due ‘Allen (1985)’ HOL stated there must be an intent permanently to avoid payment. D left hotel without payment of ? 1,286, leaving behind his belongings. He phoned later to say he would pay as soon as he received sufficient money and arranged to collect his belongings and leave his passport as security.Basic criminal damage is set out in S1 (1) of the criminal damage act 1971 where it provides that ‘A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. ’ Actus Reus – This phrase is not defined in the act, however old cases have stated that slight damage was sufficient to prove damage. ‘Gayford v Chouler’- Tra mpling down grass, no longer binding but a persuasive precedent. ? ‘Roe v Kingerlee’ – Smearing excrement on walls of a police cell; it cost ? 6 to clean up. ‘Matter of fact and degree,’ damage even if not permanent. ‘Hardman’ – Painting on pavements, removed with jets. None permanent ? ‘Blake v DPP’ – Biblical quotation on a concrete pillar, cost to clean, so held as damage ? ‘Samuel v Stubbs’ – Denting a policeman’s hat, causing a â€Å"temporary functional derangement† ? ‘A v R’ – D spat on policeman shirt, minimal effort to remove, therefore no damage. ? ‘Morphitis v Solmon’ – Scratch on scaffolding pole, doesn’t affect its usefulness or integrity. Defined in S10 (1) of criminal damage act 1971, ‘property’ means pr of a tangible nature, whether real or personal, including money and land; tamed wild creatures (or th eir carcasses); but not including wild mushrooms, fruit or foliage. Not intangibleBelonging to another is defined in S10 (2), provides that property belongs to any person having: custody or control of it; any proprietary right or interest; or a charge on it. Cannot be guilty of damaging or destroying own property. ? ‘Smith 1974’, D removed some electrical wiring . Not guilty, lacked mens rea. Mens Reus – ‘Pembliton (1874) – D threw stone at men who were fighting, missed and broke window. No intention even if he had intent to throw stone. No charge. – ‘Smith 1974’, Believed he was damaging own property. ‘Honest belief, negatives the mens rea. ’ ‘Stephenson (1979) D was tramp sheltering in a hay stack, lit a fire †¦ costs in damages.Would have been guilty if he was not schizophrenic, he didn’t realise the risk. Caldwell (1981), the HOL changed the law. Reckless – created an obvious risk to prope rty†¦.. It was used up to 2003. Gemmell and Richards reinstated the subjected test for recklessness. The two young defendants went camping without their parents' permission. During the night they entered the back yard of a shop and set fire to some bundles of they found and threw some it under a large plastic wheelie-bin and left. The fire spread and caused approximately ? 1m worth of damage. The defendants stated they thought it would extinguish itself because of the concrete, could not be charged as they didn’t realise the risk. 5 (2) (a) – D believed that the owner had consented or would have consented to destruction or damage. S5(2)(b) – D did it to protect some other property which he believed was in immediate need of protection and the means of protection were reasonable having regard to all the circumstances. (a) ‘Denton’, Thought employer had encouraged him to set fire to mill to make insurance claim. (B)’Hunt’ helped wife in duty as deputy warden in block of flats. Set fire to bedding to show alarms didn’t work. Conviction upheld as not for protection. (b)Conviction upheld – Baker and Williams, only for immediate danger. (Endangering Life) Aggravated criminal Damage is under S1 (2) of Criminal damage act (1971). A person who without lawful excuse destroys or damages any property, whether belonging to himself or another – (a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and (b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence. ’. Much more serious than basic, carries life sentence. The danger must come from the destruction/damage. ’ Steer (1987) – D fired 3 shots at the window of ex business partner, causing damage. Not guilty danger from shots. ‘We bster – D pushed large stone from bridge on to train, caused damage & showered passengers with debris, based on Recklessness. ‘Warwick’ – D rammed s police car and threw brick at it, causing damage and showered the officer with broken glass.Aggravated criminal damage the life doesn’t have to be endangered. ‘Sangha’ D set fire to mattress & 2 chairs in neighbours flat, however flat was empty and no one was at risk. Realised risk he would be guilty even if no actual risk. ‘Merrick’ – Employed to removed cables, life live wire out for 6 minutes, no one was hurt, but charged, if it was owner he would also be guilty. Mens Rea Intention or Recklessness as to destroying or damaging any property; and Intention or reckless as to whether the life is endangered by the destruction or damage. (Same meaning as basic offence). The prosecution must prove that the defendant was both aware of risk and danger.R( Stephen Malcolm) d was 15 years old, with friends thrown milk bottles filled with petrol at the outside of neighbour flat. This caused sheets of flame across window, thus endangering the lives of occupants, guilty. Arson – Under s1 (3) of the criminal damage act 1971, ‘an offence committed under this section by destroying or damaging property by fire shall be charged as arson. ’ the maximum penalty if life imprisonment. The basic offence of criminal damage must contain destruction through fire, thus the rest is the same. Aggravated Arson – Prosecution must prove that the defendant intended or was reckless as to whether life was endangered by the damage or destruction by fire. ‘Miller’ HOL held that arson can be committed through omission.