单词 | Included offence |
释义 | 已包含罪行 An offence, all the elements of which are included in another offence, so that the included offence must be proved on the way to proving the second offence. The second offence contains an additional element or elements to be proved over and above the elements of the included offence. For example, robbery is an included offence in the offence of armed robbery; assault is an included offence in the offence of assault occasioning actual bodily harm. A court can generally convict a person of an included offence if satisfied that the elements of that offence have been proved even if not satisfied that the offence charged has been proved. See also Alternative verdict. 由於某罪行的所有元素已包含在另一罪行內,因而在證明該另一罪行時必須證明該已包含罪行。該另一罪行含有在已包含罪行元素以外而有待證明的額外元素。例如搶劫是持械行劫罪的已包含罪行;襲擊是襲擊致造成實際身體傷害罪的已包含罪行。一般而言,凡法院信納某宗已包含罪行的元素已獲證明,即使法院不信納有關控罪已獲證明,則法院一般可裁定某人的已包含罪行罪名成立。另見 Alternative verdict。 |
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