Found inside – Page 74165 The typical example of constructive presence is that of the “ sentinel ” stationed outside to watch , while his associates enter a building for the purpose of robbery or burglary.66 Another illustration is found in the case of a “ helper ” who took ... Found inside – Page 48Physical presence required ; constructive presence insufficient . See United States v . Miller , 67 M.J. 87 ( C.A.A.F. 2008 ) ( constructive presence ... Found inside2d , Criminal Law , is " that even though the presence of the accused within a ... within that county , his presence may be constructive as well as actual . Found inside – Page 19392 See WC Gilmore, 'Hot Pursuit and Constructive Presence in Canadian Law Enforcement', 12 Marine Policy (1988), 105. 1 'Tibetan Leader Accused of ... Found inside – Page 50PRESENCE ACTUAL OR CONSTRUCTIVE . - To constitute one a principal in a joint crime he must be present at its execution , but this presence need not be immediate and actual . What is called constructive presence is sufficient . In other ... Found inside – Page 320Criminal Law Keyed to Boyce, Dripps & Perkin's Casenote Legal Briefs ... only presence in the demanding state was achieved through constructive presence. Found inside – Page 350LARCENY -- CONSTRUCTIVE PRESENCE WILL CON . STITUTE PRINCIPAL -- WHAT IS ? Supreme Court of Louisiana . STATE v . PONYIER . December , 1884 . Actual presence at the fact is not necessary to constitute a principal in a crime ... Found inside – Page 80The concept of actual presence is self-explanatory; however, the concept of constructive presence requires further explanation. To be constructively present, you must be sufficiently close to render assistance to the perpetrator. For example, if ... Found inside – Page 644... Advocate referred to the theory of actual or constructive presence at the scene of the crime, used by the traditional English law doctrine to establish ... Found inside – Page 280... fact that the Crimes Act 1961 (NZ) replaced the previous words 'actually present' with the word 'present'—suggesting that constructive presence might be ... Found inside – Page 274... among a lesser sence , how un . derstood . number , there is room for what has been called constructive presence , whereby , in the construction of law ... Found inside – Page 416... as in the case of constructive presence in criminal cases, the misbehavior is committed where it takes effect.1 The Court, at least when in session, ... Found inside – Page 24818 Mere acquiescence in the commission of the crime is not sufficient . 19 Under some statutes it is held that there must be participation sufficient to constitute either actual or constructive presence and that mere presence in itself is not ... Found inside – Page 157Under French law leaders and organizers as auteurs moreaux are considered principal authors of crime . Instigators and ... Aiding and abetting requires the actual or constructive presence at the time and place of the crime . Accessories either ... Found inside – Page 213excuse her unless she does the thing in his actual or constructive presence.1 2. The Presence may exist though the two were not in the same room ; but they must be near enough together for the wife to be within the range of the husband's ... Found inside – Page 149Presence at Scene Where presence , actual or constructive , is an element to second degree principality , the actual distance of the principal from the scene of the crime is not always material to “ constructive ” presence ( State v Wiggins , 192 ... Found inside – Page 610... of criminal laws “ is a present at the effect . " Strassheim v . Daily , general principle " ) ; State v . Cochran , 96 Ida supra at 285 , 31 S.Ct. 558. The jurisdictional 4. This rule has been described in terms of " constructive presence " within a State ... Found inside – Page 52the rule of constructive presence at common law does not apply to an offence created by statute . Now the words of this statute give to the offence the ingredient of locality ; and there can be no constructive presence at a given place , though ... Found inside – Page 238Here there was no actual or constructive presence , and consequently no joint uttering . You must abandon these counts , and proceed aid or OXFORD CIRCUIT . Found inside – Page 123An In-service Training Course Sponsored by the Court of Special Sessions and the Council on Criminal Law and Procedure, Held at the ... The phrase "present" in the demanding state means actual presence and not constructive presence. Found inside – Page 52the rule of constructive presence at common law does not apply to an offence created by statute . Now the words of this statute give to the offence the ingredient of locality ; and there can be no constructive presence at a given place , though ... Found inside – Page 340corporate criminal liability from the criminal conduct of senior employees, the “directing ... constructive territorial jurisdiction, constructive presence, ... Found inside – Page 312It is a question of evidence for the consid - any act which contributes to the accomplisheration of the jury . ment of their ... it is of the cases they have developed a thesis of true , not to take out a warrant at once ; and constructive presence . Found inside – Page 108A corollary to that rule is that the State must present evidence of constructive possession other than mere presence or mere association in order to support ... Found inside – Page 117Comprising the Criminal Law Amendment Act of 1883 Australia, Sir Alfred Stephen Alexander Oliver ... Constructive presence may be , where two or more are engaged in the prosecution of a common unlawful purpose , by the mere watching ... Found inside – Page 721The court extensively reviewed opinions dealing with “ presence ” and “ immediate presence , ” and concluded that both words are used relatively ; that actual physical presence at the scene is unnecessary and constructive presence may ... Found inside – Page 422A Bi-monthly Periodical Devoted to the Interests of Bench and Bar in Criminal Cases : Containing Original Articles on Timely Topics, ... Presence by agreement is essen- sonable doubt and requires an acquittal . tial to constructive presence . Found inside – Page 135There must be presence , either actual or constructive , at the time of the commission of the offence . It is not necessary that the party should be actually present , an ear or eyewitness of the transaction ; he is , in construction of law ... Found inside – Page 64second degree there must be , in the first place , a participation in the act committed ; and , in the second place , presence either actual or constructive at the time of its commission . Although a man be present whilst a felony is committed , if he ... Found inside – Page 905The presence , also , of the aider and abettor need not be constructive always within actual sight or hearing of the fact ; for there may presence . be on ... Found inside – Page 628Jurisdiction in the last case is predicated upon the rule of “ the constructive presence of the offender . ” The rule is based upon three theories . The first is taken from the law of agency . The principle qui facit per alium facit per se is invoked . Found inside – Page 49PRESENCE ACTUAL OR CONSTRUCTIVE . - To constitute one a principal in a joint crime he must be present at its execution , but this presence need not be immediate and actual . What is called constructive presence is sufficient . In other ... Found inside – Page 219Similarly , the decisiveness of the territorial principle for a court ' s competence in criminal law has been disregarded by accepting " constructive presence , " where a crime is committed outside the territory but its immediate consequences ... Found inside – Page 54Criminal Law Cw636 ( 1 ) Appellant , Tony Papageorge , was involved Defendant has the constitutional right to in an ... at a crucial stage of a criminal trial and exercise constructive presence through ( 1 ) On appeal , Appellant argues that the ... Found inside – Page 203If one encourages or aids another to perform a criminal act , and the latter does so , the former will be liable for the latter ... Constructive presence : Although the second - degree principal must be “ present ” at the commission of the crime , this ... Found inside – Page 723In a good many cases, the judges got around the roadblock in prosecuting and punishing aiders and abettors by inventing the doctrine of constructive presence, thereby turning many of these offenders into principals and taking them out of the ... Found insideThis person is usually considered to be constructively present at the scene of the crime. Constructive presence means that the person is actually helping ... Found inside – Page 110But through time the concept of 'presence' at the scene of the crime was expanded to include cases of legal or constructive presence. So physical presence ... Found inside – Page 431Which presence need not always be an actual immediate standing by , within sight or hearing of the fact ; but there may be also a constructive presence , as when one commits a robbery or murder , and another keeps watch or guard at some ... Found inside – Page 139Constructive presence occurs when, without regard to his physical proximity to the place where a crime will be committed, a person places himself where he ... Found inside – Page 316For purposes of extradition, one is not a fugitive from justice if his only presence in the demanding state was achieved through constructive presence. Found inside – Page 49Mere presence at the commission of the crime would not justify charging a person with the crime . ... C . Accessory before the Fact An accessory before the fact at common law was someone who , although not actually or constructively present ... Found inside – Page 522Constructive trust " rests upon sound " Constructive presence ” means being so public policy , which requires that laws ... unless actually " Constructive trust " is one arising by opor constructively present when crime com eration of law in which ... Found inside – Page 39... as he or she commits the criminal act, or incites the commission of the crime, ... of the crime; however, presence may be either actual or constructive. Found inside – Page 1-10-Presence : --Constructive— " The presence of a principal in a felony may be constructive , and that constructive presence is made out when it is shown that he acted with another in the pursuance of a common design ; that he acted at one and ... Found inside – Page 61Where a person being within one jurisdiction The doctrine of constructive presence amounts maliciously fires a shot which ... The presence of the accused within the state is The criminal act being the impinging of the essential to make his act ... Found inside – Page 253The court went on to say further : We can conceive circumstances in which the act might be done in such immediate proximity to the person accused as to make the doctrine of " constructive presence possibly applicable . ' ” . The learned judge ... Found inside – Page 34397 If he acts as a getaway driver , he will be “ actually present ” if the crime occurs close by and in full view of him , as when ... N . Y . S . 2d at 47 , spoke of mere “ constructive " presence , “ unseen by and unknown to the victims ” as insufficient . Found inside – Page 141Constructive presence occurs when, without regard to his physical proximity to the place where a crime will be committed, a person places himself where he ... Found insideConstructive presence: Although the second-degree principal must be “present” at the commission of the crime, this requirement may be satisfied by what is ... Must be sufficiently close to render assistance to the perpetrator spoke of mere “ constructive ``,! Or OXFORD CIRCUIT apply to an offence created by statute 47, spoke of mere constructive. Supra at 285, 31 S.Ct `` within a State... found –! `` within a State... found inside – Page 610... of criminal laws “ is a at... 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