Thomas friedman is the chief forign correspondent Term Paper

Thomas friedman is the chief forign correspondent - Term Paper Example However, two protocols of Geneva conventions have not been ratified by the law of United States of America. Nevertheless, the U.S Uniform Code of Military Justice declares that torture should not be practiced by ensuring that prisoners must be treated humanly. The Military Code states that violation of Geneva contention is a crime. This is a clear indication that torture is not supported by Uniform Code of Military Justice since Geneva convention declares that prisoners are protected against torture; public curiosity, intimidation and insults . Moreover, whoever commits torture is to be punished by life imprisonment or term imprisonment as stipulated by Uniform Code of Military Justice. The actions of U.S agents in 2002 at Abu Ghraib prison can be regarded as violation of Geneva accords as torturing actions were viewed during the U.S invasion. The torturing actions included: stripping people naked, poking people, pushing people, use of threatening dogs and depriving people of sleep. However, one can argue that such tactics were not torturing but inhuman punishments and acts of cruel which do not torture although the actions were not justified. Also Geneva accords do not apply to Taliban detainees since the conflicts were international in scope and article three considers only an armed conflict but not a global character. Furthermore Taliban detainees are unlawful group hence could not be viewed as war prisoners. In addition, reliability of confession might have been obtained under torture hence questionable making the United States of America’s agents not responsible for acts of torture. One can make a conclusion that the problem occurred due to Geneva accords which were not specific and that the actions of United States’ agents were legal since they were handling unlawful group. Moreover, ambiguous instructions were given to the agents since administration officials gave out

Voting Right Essay Example | Topics and Well Written Essays - 750 words

Voting Right - Essay Example The main issues which define the direction of the poll are thus largely clear. Nonetheless, on the one hand, it is not clear whether the increasing non-white population, the younger generation, experts, unmarried persons, and secular population segments that voted Obama, almost to a man in 2008, which enabled him to secure a victory, will stick by him come next year, in order to secure him a second term (Teixeira and Halpin 2-6). On the other hand, the likelihood of the rival Republicans concentrating their campaign on poor economic situation in the country might hurt Obama’s reelection campaign. Also significant is the campaigns by conservatives, who are critical of the Obama administration; they might pull a surprise to the incumbent candidate. Teixeira and Halpin (1-14) note that the outcome of the poll notwithstanding, it is probable that American policies will remain immensely polarized for many years, even after the forthcoming elections end. The political volatility wit nessed in the past five years indicates that the fundamental issues influencing the American political debates, which include the protection of the society by the government, the weighing of social and economic issues such as taxation rates and social welfare programs, remain contentious. In view the financial meltdown and other economic problems, which take the toll on Americans, have deeply infiltrated the electoral debates. This implies that the previous presidential poll marked just the likelihood for a fresh quest for change in American policies as opposed to the preservation of the status quo. Obama’s latest public approvals at 46%, and brighter economic prospects in a number of states in the country might result in a tough duel reminiscent of the 2000 elections. Virginia According to Teixeira and Halpin (53-56), in 2008, Virginia vote was bagged by Democratic presidential candidate Barack Obama by a margin of more than six percent. In the run up to the poll, analysts c onsidered this an Obama state, or otherwise believed to be as a blue state in the southern region. Previously, the state was viewed as composed of swing vote that both key contenders camped in during the 2008 campaigns. The financial crisis, the shifting demographics such as the population rises in thickly populated northern region gave Democrats the advantage. The white liberals in the region undeniably resulted in substantial influx of voters into the Democratic Party’s basket. Florida The strongest Republican influence in Florida originates from the upper region, which is home to about 25 percent of the entire vote in the state. Teixeira and Halpin (46-50) indicate that, although, his area has registered a remarkable increase in population, with figures of hitting 19 percent increase during the last decade, the statistics are inferior to the south. In the region, Republicans emerged as winners by 14 percentage points, nonetheless, the outcome translated into a seven-point increase for the Democrats within four years. And in the area’s sprawling metro region referred to as the Jacksonville, the Democratic swing vote increased by 11 percentage points in

Population Size Essay Example for Free

Population Size Essay Explain the four factors that produce changes in population size. What do you predict will happen to the nutria population after all the land is depleted of the nutria’s food resource? There are basically four factors that affect the population of a certain area (e. g. a country). These include the birth rate, the death rate, immigration and emigration. These factors are the ones which directly affect the number of individuals in a certain area (Halifax Regional School Board, 2007). The first factor is the birth rate, which is the number of live births in a year for a specific place. This factor tends to increase the population size as it increases the number of individuals in a certain area. Consequently, the birth rate is affected factors such as nutrition, fertility, attitudes about abortion, labor value of children, government policies, social value, and of the culture in the area. The second factor that affects the population size is the death rate, or the number of deaths in a year for a certain area. This factor affects the population size decreasing the number of individuals in the population. This is affected by factors like disease, war, medical advancements and technology, health care, development of transportation, and of nutrition. The next factor is the immigration or the number of people moving into an area or a country. This factor is affected by other factors which are the characteristics of a place which tends to attract people to it. These are known as the pull factors. The last factor is the Emigration or the number of people leaving a country. This is also affected by the characteristics of an area that causes them to leave it, or the push factors. In the case of the Nutria population, if the land is depleted, meaning all the resources have been consumed, it could greatly affect the rate of population decrease. This is because the necessities for the population to survive are all gone, so in order for them to survive, they have to leave and find a suitable place for them to get those resources. Some of them may die because of the lack of resources, and definitely some of them would go to other areas where they can get the necessary materials to sustain their lives.

Intake Manifold of the Internal Combustion Engine

Intake Manifold of the Internal Combustion Engine Abstract Intake manifold of the Internal Combustion engine is a subsystem which supplies fresh air-fuel mixture into the engine cylinders where combustion of fuel takes place. For Efficient Combustion of the charge, the walls of the intake manifold must be smooth/polished to reduce any sidewall resistance. The traditional materials used for intake manifolds were cast iron and Aluminum. In order to reduce manufacturing costs and improve thermal efficiency, new composites are proposed. Inside the cylinder, the energy generated from combustion of fuel is converted into pressure and heat during the power stroke. The pressure and heat increase rapidly within a short span of time. The piston converts this energy into mechanical work. In place of the traditional aluminum alloys, Al-SiC material is proposed which have superior properties. Exhaust manifold is responsible to remove the depleted charge and create space for the incoming charge. Materials used in exhaust systems of engines must have High Temperature Service capability, superior fatigue strength, and good fracture toughness, be easily machinable and economic considering the overall cost of the automobile. Mo-Nb added ferritic stainless steel is a new material that is gaining reputation for its high formability and high heat-resistance. Introduction Internal Combustion Engine is a complex machine that does mechanical work when the air-fuel mixture is ignited under high pressure. The Air-Fuel mixture is sent into the Combustion chamber through the intake manifold which is responsible to maintain proper supply of ignition charge into the engine always. The structure of the intake manifold must be such that it has low sidewall friction and maintains lower temperature so that the charge doesnt pre-ignite. The piston is the component that creates the necessary horsepower inside the engine. It must be light weight and must have good thermal properties. The exhaust manifold deals with the hot gases coming out the combustion chamber. It must be able to maintain flow of exhaust gases without any hindrance. Failure in the exhaust system can cause loss of back pressure which can significantly affect engine performance. Intake Manifold 1. Introduction Intake manifold in the car engine is the system which supplies fresh air into the engine cylinders where combustion of fuel happens. The Intake Manifolds in Internal Combustion engines are one of the most engineered components. High precision is needed to efficiently send right amount of cold, high pressure air in equal quantities and at the same pressure. Earlier generations of cars had intake manifolds made from cast iron, which were heavy. In high volume production cars, the use of injection molded composite intake manifolds has been increasing rapidly. [1] AE 587 Final Research Report Winter 2017 Material Selection for Intake Manifold, Piston Exhaust Manifold Tarun Krishna Prabhakar, Rohit Vedachalam, Pranav Radhakrishna Figure 1: Intake manifold made from Nylon 6,6 [23] An intake manifold is an integrated unit of any engine, made up of a series of tubes/ducts which distribute fuel-air mixture to each cylinder. For V-shaped engine blocks, intake manifold is integrated between the two cylinder rows whereas inline engines have manifolds to side of cylinder head. Intake manifolds also perform as mounting points for Fuel injectors/carburetors, thermostats, throttle assembly depending on the manufacturers engineering designs. Because of the location and functions, intake manifold assemblies experience constant stress from the engine vacuum pressure as direct heat from cylinder combustion gases, and the cylinder head. Figure 2: Evolution of Intake Manifold over the years[24] Until 1990s, most automotive intake manifold assemblies were made from Cast Iron because of lower cost, or from Aluminum which has lighter weight is required for performance/efficiency. Intake manifolds made from plastic began to gain popularity during 1990s because they offered lower weight and cost combined. They were Factory installed when auto-manufacturers figured out how to manufacture them so that they are durable enough to survive high stresses. [2] Aluminum is robust metal, but it has few drawbacks. Namely, 1.) It is cheaper to manufacture intake manifolds with advanced composite molding plants than cast out of Aluminum.2.) Composites have superior heat retention and heat resistance compared to Aluminum and other metals. This means that Phenolic spacers used in previous aluminum intakes are no longer required.3.) Smoother airflow with lower sidewall resistance compared to Aluminum casting, which requires high level of polishing to achieve same flow of air. However, there are few disadvantages:1.) Composites are more flexible, more prone to damage.2.) Composites or plastics are cheap and deemed unattractive. Dissimilar materials such as plastic, aluminum, and iron all have different expansion and contraction rates as they change temperature, so gaskets that provide a seal between an intake manifold and a metal cylinder head must be flexible and durable enough to withstand serious pulling and twisting forces. Early ones were not, and leaks resulted along with warpage under intense heat that eventually led to cracks. Therefore, composites offer several advantages. they saves money, reduces weight, ease of assembly, better insulation, improved airflow, excellent strength to weight ratio, and is recyclable. 1.2. Material Comparison [3] Properties comparison for PA6 (dry/humid), AL 6082 T6 and 316 stainless respectively: Yield strength (MPa): 80/45, 260, 290Elongation at failure (%): 70/200, 8, 50Ultimate Tensile Strength (MPa): 85/48, 310, 579Charpy impact toughness (J/square cm): 0.7/8, 10.6, 134 1.3. Existing Material and Process Material: 319F Aluminum Cast Component: Aluminum Intake Manifold Process: Semi Permanent Mold Casting For a Manifold of an opposed cylinder layout, Intake Manifold alone weighs 4.5 kgs and with the Phenolic spacers it weighs 8.2 kgs. The casting is done by Gravity Tilt Pour process, which can achieve minute thickness upto 3mm. [4] 319F Aluminum is an alloy comprised of 6% Silicon and 3.5% Copper and Iron ( Table 1: Properties of 319F Aluminum [26] For Aluminum, permanent mold process can be utilized to have sand cores to create complex castings. Die castings cannot use cores made of sand. If cores are used in the permanent molding process, it is sometimes as called semi-permanent molding as the mold is permanent but new cores must be made for the next batch. Permanent mold casting is one of the low-cost method of producing any Aluminum casting. Generally, Permanent mold castings are better than simple sand castings when the factors like ultimate and yield strength are compared. They have better elongation, which is good for ductility. Even appearance of Aluminum in permanent mold castings is better than appearance of castings made from sand casting process, which translates that lesser machining and polishing is required after casting. The cast is made using a single core. The passageway core is made by coldbox process for making cores, main body core is a blown core type and the external core is made using semi-permanent mold process with three solid cores and one internal passageway core. Below is a picture of the finished Aluminum Air Intake Figure 3: Aluminum Air Intake [25] 1.4. Proposed Material and Manufacturing Process Material: A-6135 HN PPA(PolyPhthalAmide) Cast Component: Composite Intake Manifold Process: Thermoforming Nowadays, Original Equipment Manufacturers (OEMs) use PA6 or PA66 is used for intake manifolds. In the performance aftermarket, there is possible use of engine performance enhancers like nitrous oxide or turbocharging or supercharging, so perhaps a higher-grade composite would be more appropriate. A-6135 HN polyphthalamide (PPA) is a 35% glass reinforced resin which is heat stabilized. Main properties of this resin are high strength, high stiffness, and high heat resistance over a broad temperature range. It also exhibits low moisture absorption, good against chemical action and electrical properties. AMODEL A-6135 HSL polyphthalamide acts as a solution to both performance and processing requirements. At elevated temperature and humid conditions, the tensile strength of A-6135 resin is 20% stronger than nylon 6, and much stronger than nylon 66. The flexural modulus of this compound is a minimum of 20% greater than stiffness of nylon 6 or 66. [6] Figure 4: Tensile strength and Flexural strength comparison between composites [26] For current generation vehicles, plastic intake manifolds are made using the injection molding process. Thermoforming is explored as an alternative to injection molding for making intake manifold shells, which can then be joined by one of the welding techniques used for thermoplastic materials. There is now an increasing trend in integrating several components, such as fuel injection, in engine air/fuel modules. The assembly of these components is achieved via either snap fits or threaded fasteners. Increased integration is generally associated with increasing shape complexity. The advantages of shell design in the integration approach are lower number of fasteners required. Figure 5: Thermoformed Shell type vs Lost Core Design [27] 1.5. Thermoforming Figure 6: Shows thermoforming principle [28] It is a manufacturing process in which a plastic sheet is heated to a temperature where it melts and is flowable, to make molding into any predefined shape/pattern and the flash is trimmed to get the final product. Thinner gauges and other materials too are heated in an oven to high temperature which allows the film to stretch or mold and cooled to a final shape. In Thermoforming, Vacuum forming is the simplest method. [8] Press forming is another type of thermoforming process which is used in work like the sheet metal stamping. Matching metal die set is used here. Preheated plastic sheet is placed on the bottom die and the top die is lowered to close the mold. The hot Plastic sheet gets stretched as the mold closes and then drawn into the shape of die. The sheet is allowed to cool down to take its final shape. For Complex geometries, the component is divided into 2-3 layers where the molded parts can be assembled and held together by means of fasteners or adhesives. Figure 7: Dies used for Manufacturing Shell type Molding of Intake manifolds [29] Figure 8: Finished Air intake manifold made of PPA [30] Figure 9: Comparison of PPA and Aluminum intake manifolds [31] Automotive Pistons 2.1. Introduction In the cylinder of an engine, the energy of the fuel is converted into pressure and heat during the power stroke. The pressure and heat values increase rapidly within a short interval of time. The piston converts the same into mechanical work [9]. The pistons structure consists of piston crown, ring belt, skirt and piston boss as shown in Figure1.1. During the power stroke, the forces resulting from the combustion of fuel-air mixture are transferred from the piston crown to piston boss, piston pin, connecting rod and finally to the crankshaft [9]. Figure 10: Engine piston [9]. 2.2. Forces on piston The forces acting on the piston are, oscillating inertia forces of the piston and the connecting rod (FK), piston force in the direction of the connecting rod (FST) and lateral force or normal force (FS). During the working cycle, the direction of lateral force changes several times, which oscillates the piston from one end of the cylinder bore to the other, due to the existing piston clearance [9]. Figure 11: Forces on the piston [9]. 2.3. Temperatures in piston Temperature is an important parameter for the operational safety and service life of a piston. The exhaust gas temperatures, even though is present only for a short period, can exceed more than 2,200ÂÂ °C. In gasoline engines, the exhaust gas temperatures range between 800ÂÂ °C to 1,050ÂÂ °C, and 600ÂÂ °C to 850ÂÂ °C for diesel engines [9]. Figure 12:ÂÂ   Temperature distribution in a gasoline engine piston [9]. Figure 13:ÂÂ   Temperature distribution in a diesel engine piston [9]. 2.4. Failures of internal combustion engine pistons Failure of piston is one of the prime reasons for engine breakdown. The failure may occur at different mileage and operating conditions which are usually caused by material defects, engineering, and operational errors. Common causes of piston failures include: 1) insufficient cooling and lubrication of the piston, 2) thermal fatigue, 3) incorrect combustion process, 4) mechanical damage [10]. Figure 14 shows fusion of piston head and ring area in a gasoline engine. It is caused due to a phenomenon called hot bulb ignition occurring on the pistons, primarily on their heads, and in the larger flame extinguishing areas. The hot-bulb ignition occurs in the areas of combustion chamber, which have temperatures higher than the autoignition temperature of the air-fuel mixture. This causes the temperature of the piston head rapidly increase, soften, melt and fuse with the ring [10]. Fig. 14: Fusion of the piston head and the ring area [10]. Figure 15 illustrates a piston skirt seizure. From the figure, it is evident that piston skirt has completely seized. The dark coloring on the surface is due to rough and heavily over- ground abrasion spots. Causes for the failure include: 1) Overheating of the combustion chamber, 2) Poor lubrication, 3) Incorrect combustion process [10]. Fig. 15: Piston skirt seizure [10] Figure 15 illustrates propagation of fatigue crack of the piston pin along the semicircle. This fracture divides the piston head into two parts -as shown in Fig. 5. These are cracks due to excessive loads on the piston pin. The crack grows rapidly with poor lubrication and will ultimately result in the failure of the piston. Causes for the failure include: 1) Incorrect combustion process, mainly by delayed ignition, 2) incorrect starting of the cold engine, 3) hydraulic lock caused by water present in the fuel [10]. Fig: 16:ÂÂ   Crack in piston head and skirt [10]. 2.5. Materials Pistons are usually made of Aluminum and Aluminum alloys of eutectic, and partly hypereutectic composition which have high wear resistance. The most commonly used eutectic alloy is M124. Alloys such as M138 and M244 were used in two-stroke engine pistons, while M126 alloy was preferred in gasoline engines. The other recently developed alloys include M142, M145, and M174+, common composition of these alloys include elements of copper and nickel which provides high strength at elevated temperatures and thermal stability. The eutectic alloy M142 and M145 are used in gasoline engines, and the alloy M174+ in diesel engines. Aluminum Metal matrix composites are a new class of materials used in pistons which have superior properties than Aluminum alloys. These composites consist of Aluminum as metal matrix and SiC, Al2O3, TiC, TiB2, Graphite and certain other ceramics as reinforcements [9]. Table 2: Chemical composition of MAHLE Aluminum piston alloys (percent by weight) [9]. Elements M124 M126 M138 M244 AlSi12CuMgNi AlSi16CuMgNi AlSi18CuMgNi AlSi25CuMgNi Si 11.0-13.0 14.8-18.0 17.0-19.0 23.0-26.0 Cu 0.8-1.5 0.8-1.5 0.8-1.5 0.8-1.5 Mg 0.8-1.3 0.8-1.3 0.8-1.3 0.8-1.3 Ni 0.8-1.3 0.8-1.3 0.8-1.3 0.8-1.3 Fe max. 0.7 max. 0.7 max. 0.7 max. 0.7 Mn max. 0.3 max. 0.3 max. 0.3 max. 0.3 Ti max. 0.2 max. 0.2 max. 0.2 max. 0.2 Zn max3 0.3 max3 0.3 max3 0.3 max3 0.3 Cr max. 0.05 max. 0.05 max. 0.05 max. 0.05 Al remainder remainder remainder remainder Table 3: Chemical composition of MAHLE Aluminum piston alloys (percent by weight) [9]. Elements M142 M145 M174+ AlSi12Cu3Ni2Mg AlSi15Cu3Ni2Mg AlSi12Cu4Ni2Mg Si 11.0-13.0 14.0-16.0 11.0-13.0 Cu 2.5-4.0 2.5-4.0 3.-5.0 Mg 0.5-1.2 0.5-1.2 0.5-1.2 Ni 1.75-3.0 1.75-3.0 1.0-3.0 Fe max. 07 max. 07 max. 07 Mn max. 0.3 max. 0.3 max. 0.3 Ti max. 0.2 max. 0.2 max. 0.2 Zn max. 0.3 max. 0.3 max. 0.3 Zr max. 0.2 max. 0.2 max. 0.2 V max. 0.18 max. 0.18 max. 0.18 Cr max. 0.05 max. 0.05 max. 0.05 Al remainder remainder remainder 2.6. Current manufacturing process 2.6.1. Permanent Mold Aluminum Pistons Permanent mold is one of the oldest and common process used for manufacturing pistons. It consists of steel mold with single or multi-piece inner cores to create various intricate features of the piston.ÂÂ   This process is a relatively cheap for high volume for a justifiable tooling cost. Parts can be made of various alloys with improved strength at elevated temperatures. High tooling cost and porosity are the main disadvantages of permanent mold process [11]. 2.6.2. Forged Aluminum Pistons Pistons are forged for obtaining high performance, large bore, and increased strength.ÂÂ   Heated solid cylindrical aluminum blank is pressed into a die to create piston. The process yields low defective rate, increased ductility, and fracture toughness [11]. 2.6.3. Billet machined pistons Billet machined pistons are machined from the same wrought aluminum materials which are used in piston forging.ÂÂ   Billet machined pistons have high surface finish and has no tooling cost. The main disadvantage of this process is high cost [11]. 2.7. Improved materials: Aluminum-Graphite composites were primarily used for automotive antifriction applications. Low cost, good machinability, improved damping capacity are the main advantages of this composite. Aluminum-Graphite composites can be fabricated from various casting processes such as permanent mold casting, squeeze casting, centrifugal casting, and pressure die casting. Pistons made of Aluminum-Graphite composites exhibit properties like, low wear, minimal frictional loss, and elimination of seizure from poor lubrication [12]. Aluminum-Silicon Carbide composites have excellent specific strength, specific modulus and wear resistance. The amount of SiC determines the effect of coefficient of thermal expansion, higher the SiC content, lower the coefficient of thermal expansion. Conventional casting processes such as sand casting, permanent mold casting, investment casting and squeeze casting are used in manufacturing these composites [12]. 2.8. Analysis of aluminum and Aluminum-Silicon-Carbide pistons Firstly, a CAD model of a piston is built in CATIA V6, and is structurally and thermally analyzed using ANSYS 14.0 software [13]. Figure 17: Modeling of Piston and complete assembly [13]. 2.8.1. Aluminum composition. Table 4: Show the chemical composition of aluminum [13]. Elements Composition Si 0.10 Fe 0.20 Zn 0.03 Ga 0.04 V 0.03 Others 0.10 Aluminum 99.5 2.8.2. Aluminum Material properties. Table 5: Shows the material properties of Aluminum [13] [14]. Youngs Modulus 70000 MPa Poissons ratio 0.35 Density 2.7e-006 kg mm-3 Thermal conductivity 0.237 W mm-1 C-1 Bulk Modulus 77778 MPa Shear Modulus 25926 MPa Coefficient of thermal expansion 2.48e-005C-1 2.8.3. Aluminum-Silicon-Carbide composition. Table 6: Show the chemical composition of the aluminum alloy (6063) [13]. Elements Composition Elements Composition Si 0.4430 Zn 0.0001 Fe 0.1638 Cr 0.0024 Cu 0.0041 Ti 0.0078 Mg 0.5832 Ca 0.0003 Mn 0.0132 Al 98.751 To obtain the composite silicon carbide powder (15% by weight) is added to the aluminum alloy (6063). For example, 150g of silicon carbide is added to every 1kg of aluminum alloy (6063) [13]. 2.8.4. Aluminum-Silicon-Carbide composite material properties: Table 7: Shows the material properties of Aluminum-Silicon-Carbide composite [13] [15]. Youngs Modulus 230Gpa Poissons ratio 0.24 Density 2.937e-006 kg mm^-3 Thermal conductivity 0.197 W mm^-1 C^-1 Bulk Modulus 1.4744e+005 MPa Shear Modulus 92742 MPa Coefficient of thermal expansion 0.7e-005C-1 Figure 18: Mesh Model of Piston [13]. 2.8.5. Thermal Analysis Thermal analysis is a technique which analyses the variation of physical properties of a substance as a function of temperature [13]. Figure 19: Thermal boundary conditions applied to piston [13]. Figure 20: Temperature Distribution in Aluminum piston [13]. Figure 21: Temperature Distribution in Aluminum-Silicon-Carbide piston [13]. Figure 22: Total Heat Flux in Aluminum piston [13]. Figure 23: Total Heat Flux in Aluminum-Silicon-Carbide piston [13]. 2.8.6. Static Structural Analysis A static structural analysis helps in determining displacements, stresses, strains, and forces in structures or components. The loads do not take inertia and damping effects in consideration. Assumption: Steady state loading conditions i.e., variation of loads and response of structure are varied slowly with respect to time [13]. Figure 24: Fixed Support Model of piston [13]. Fig 25: Total Deformation on Aluminum piston [13]. Figure 26: Total Deformation on Aluminum-Silicon-Carbide piston [13]. Figure 27: Equivalent Stress Distribution in Aluminum Piston [13]. Figure 28: Equivalent Stress Distribution In Aluminum-Silicon-Carbide Piston [13]. 2.9. COMPARISON: 2.9.1. Results of static structural analysis Table 8: Shows the Results of static structural analysis of two pistons [13]. Material Total Deformation Equivalent Stress Equivalent strain Al 0.19052 mm 683.22 MPa 0.00976 mm/mm AlSiC 0.060777 mm 703.54 MPa 0.0030589 mm/mm From the above table, Aluminum-Silicon-Carbide composite has lesser deformation, lesser equivalent strain [13]. However, the equivalent stress of the composite piston is higher than Aluminum piston and this can be reduced by redesigning the stress concentration areas of the piston 2.9.2. Results of thermal analysis Table 9: Shows the Results of thermal analysis of two pistons [13]. Material Temperature Total Heat Flux Al

Rewriting Canonical Portrayals of Women :: Good Bones Margaret Atwood Literature Essays

Rewriting Canonical Portrayals of Women In her collection of short stories, Good Bones (O. W. Toad, 1992), Margaret Atwood (1939 - ) has included Gertrude Talks Back, a piece that rewrites the famous closet scene in Shakespeare ´s Hamlet. The character of Hamlet ´s mother has posed problems of interpretation to readers, critics and performers, past and present, and has been variously or simultaneosly appraised as a symbol of female wantonness, the object of Hamlet ´s Oedipus complex, and an example of female submissiveness to the male principle (Hamlet ´s as much as Claudius ´s). Like other revisionist rewritings produced by women writers in the last few decades, Margaret Atwood ´s short story challenges received concepts of the female, and particularly the "Frailty, thy name is woman" notion that has marked so much canonical literature. Recent developments in the humanities, usually grouped under the common label of "post-structuralist theory," have contributed to making us sensitive to the politics of culture, in general, and of literature, in particular. Much thought has been given in the last few decades to how the literary canon emerges and holds its ground, and to the relations between canonical and non-canonical, between the centre and the margins. Post-colonial theorist Edward Said reminds us that "[t]he power to narrate, or to block other narratives from forming and emerging, is very important to culture and imperialism, and constitutes one of the main connections between them" (xiii). Here as in other respects, the political agendas of feminism and post-colonialism overlap; both aim at challenging the canon and at inscribing the experiences of the marginal subject (female and/or post-colonial). Revisionist rewritings are one of the strategies that can serve that purpose; I need not mention the by now many rewritings of such canonical texts as The Tempest or Robinson Crusoe. As regards the author I am concerned with here, Margaret Atwood, extensive attention has been paid to a recurrent feature of her fiction: her repeated reworking of fairy tales, most importantly the different versions of Bluebeard ´s Egg, a re-shaping which culminates in her novel The Robber Bride (1993). I would also point out how what is perhaps her most popular novel to date, The Handmaid ´s Tale (1985), thematizes the politics of reading and writing or, as Hutcheon has aptly put it, "the opposition between product and process" (139). Similar concerns are apparent in the compilation of her short stories under the title Good Bones (1992). If the constructions of womanhood and manhood occupy her in The Female Body and Making a Man, in other stories (There Was Once, Unpopular Gals, etc) it is the literary construction of womanhood that is foregrounded.

Inferential Learning Theory Essay -- Education Knowledge Learning

Learning ABSTRACT The concept of learning may be regarded as any process through which a system utilizes knowledge to improve its performance. As we move into the age of digital information, the rapid and explosive growth of external, as well as, internal data and information that organizations are faced with is a problem that they are currently trying to overcome. The ability to collect and store this data is far ahead of the ability to analyze and learn from it. The concept of learning will be examined from the perspective of the inferential learning theory. This theory examines the mix of input knowledge, background knowledge, learning objectives or goals and an inference process to obtain 'new' or 'learned' knowledge. Various learning situations may dictate differing learning processes. The three that will be briefly highlighted in this paper are; learning by induction, through the use of decision rules or decision trees; learning by discovery; and learning by taking advice, explanation-based generalization. The concept of multi-strategy learning in order to handle more complex problems will also be examined. INTRODUCTION Research in the area of learning has been ongoing for several years, and it has over the years been traditionally characterized as an improvement in a system's behavior or knowledge due to its experience. "Experience" in this context is looking at the totality of information generated in the course of performing some action. The inferential theory of learning suggests a means of our understanding the learning process. Michalski 1 proposes that this theory assumes that learning is a goal-guided process of modifying the learner's knowledge by exploring the learner's experience. This process he... ...fman R. A. - "Data Mining and Knowledge Discovery" - A Review of issues and Multi- strategy Approach". Reports of the Machine Learning and Inference Laboratory, MCI 97-2, George Mason University, Fairfax, V.A. 1997. http://www.mli.gmu.edu/~kaufman/97-1.ps 6 Chun-Nan Hsu and Craig A. Knoblock - "Discovering Robust Knowledge from Dynamic Closed - World Data". http://www.isi.edu/sims/papers/95-robust.ps 7 Shavlik Jude W. - "Acquiring Recursive and Iterative Concepts with Explanation-Based Learning". Machine Learning Vol. 5,(1990). 8 Tecuci Gheorghe - "Plausible Justification Trees: A framework for Deep and Dynamic Integration of Learning Strategies", Machine Learning Vol. 11(1993). 9 Fayyad U., Piatetsky-Shapiro G., Smyth, Padhraic - "The KDD Process for Extracting Useful Knowledge from volumes of Data" - Communications of the ACM vol. 39, no. 11 (Nov. 1996).

Criminal Law Revision Notes

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