Proving Establish Liability For Each Offence Essay

Archie is employed to protect the pheasants on Lord Melchett’s estate from poachers. On day, from a distance he sees Liam and Craig on the estate and, knowing them to be poachers, he decides to ‘rid himself of the problem for all time’ and fires his shotgun at them. Both Liam and Craig are only wounded, however, but do need to be taken to hospital for treatment. On the way to the hospital, the brakes on the ambulance fail, it leaves the road and overturns on a bend and Liam dies in the accident. With reference to the case situation above, discuss, using decided cases to support you arguments: a) The offences, if any, with which Archie could be charged and what the prosecution would need to prove to establish liability for each offence; (20) b) And whether you think Archie would be convicted of any offence. (5) a. In relation to the death of Liam, there is the possibility that Archie would be charged under homicide. Archie carried out the apt actus reus of homicide, whereby he has committed an unlawful killing in the Queen’s peace in the county of the realm and death occurs within 1 year and 1 day. Although Liam died only in the accident, the main cause for his death was Archie shooting at him. As such, Archie has provided for the cause in fact, according to the ‘but-for’ test, where if but-for Archie, Liam would not have died. Contrary to R v. White, where the defendant’s mother died not from his poisoned drink but from a heart attack, Archie caused Liam’s death. Furthermore, Archie also undertakes the cause in law, as Liam’s wound is both substantive and operative. This is because it was Archie’s action that caused the injury (substantive) and this injury was still present at the time of Liam’s death (operative), as in R v. Malcherek & Steel, where it was held that original injuries were still an operative cause of victim’s death. However, it may be argued that a Novus Actus Intervenis, an intervening event, caused Liam’s death and that Archie is not the main cause. This is only partially true, as the ambulance’s break failure was the last event of the chain of causation and causing Liam’s death. Yet, Archie can still be held liable if it can be established that there was a break in the chain of causation, however, there is none. Thus, the ambulance accident was merely a negligent contribution, as in R v. Benge, and Archie’s act is the cause of Liam’s death. According to the mens rea of murder, proof of intention to kill or cause grievous bodily harm must be shown, as established in R v. Moloney, holding that intention may be inferred from the defendant’s foresight of consequences. Here, the charge will depend on Archie’s intention, which might be deduced from the words that he muttered: ‘rid himself of the problem for all time’. As such, Archie knew the consequences of his actions, and had an intention to carry it out. Yet if this is the case, it must also be considered why Archie didn’t actually carry out his apparent intention, to ‘rid himself of the problem for all time’, as he did not actually ‘get rid of’ (ie. kill) them. However, if this is not the case, it can be said that Archie’s intention can be found if he foresaw death or GBH as a virtually certain consequence, as in R v. Woollin. It is also not known where and the number of times Archie shot at Liam and Craig, as this would confer an indication of any considerable intention. If Archie’s shooting was limited, perhaps one or two in the leg, then it can be said he had no intention to kill, but just an intention to frighten. If he only had an intention to frighten, then his act is already an unlawful act in itself, as it is dangerous and is foreseeable to cause harm. This is true with Archie, and he also had the intention to commit the unlawful act, as in R v. Lamb, where the defendant did not have the mens rea to kill, but only to shoot the gun. Archie’s act was also dangerous, likewise in R v. Church where it was held that ‘dangerous’ would mean a reasonable man realizing the risk of creating some harm. In DPP v. Newbury & Jones, it is said that if the accused â€Å"intentionally commits a dangerous and unlawful act, causing harm or incidentally, the death, of another†, he is then guilty of constructive murder. Therefore, in relation to Liam’s death, Archie can be liable for constructive manslaughter. In relation to the injuries sustained by Craig, there is the possibility that Archie will be charged under Section 20 of the Offences Against Persons Act 1861. The actus reus required here is merely wounding, as defined in JJC v. Eisenhower as â€Å"breaking of the skin†(skin here meaning any surface of the human body) or inflicting grievous bodily harm. The mens rea necessary includes a malicious intention and a foresight of physical harm. This foresight must involve the possibility of some physical harm to a person, as in R v. Mowatt. Archie, thus fulfills both the actus reus and mens rea for S20 of the OAPA. However, Archie may also be charged under Section 47 and Section 42. Under S47, Craig has to be seen to have sustained â€Å"actual bodily harm†, defined in R v. Miller as â€Å"any harm calculated to interfere with person’s health and comfort.† Under S42, Archie has to be seen to â€Å"put another person in fear of immediate personal violence† and has â€Å"touched another without their consent.† If this can be established, Archie would be liable for Section 20 (Offence involving wounding/GBH), Section 47 (Common assault, battery & GBH) and Section 42 (Assault & battery) of the Offences Against Persons Act 1861. b. In the case of Liam’s death, Archie would be charged for murder. However, this is rather difficult to prove, as the mens rea required for murder involves proof of intention to kill or cause grievous bodily harm as established in R v. Moloney. Thus, he would not be convicted of murder, but rather involuntary manslaughter, with constructive liability. As for Craig’s injuries, Archie would be charged under Section 20 of the OAPA. Further charges might include Sections 47 and 42. The conviction under Section 20 is undeniable, but for Section 47 and 42, it is only highly plausible.

capital punishment Essays (1266 words) - Human Rights, Free Essays

Capital Punishment The death penalty, also known as capital punishment, has been abolished in most modern first world societies, but not all. There is much debate as to whether it is right for countries like the United States to continue to use this type of justice, and if it is an efficient way to fight crime. However, there are many arguments as to why there is no place for the death penalty in a civilized society and that it is not an effective way of stopping crime. A justice system which is based on rehabilitation is far more effective in reducing violent crime than a strictly punishment system that includes a death penalty; this can be seen clearly when comparing Canada?s to the U.S.A?s crime rate. Not only is the death penalty ineffective at lowering crime rate, it also costs taxpayers more than imprisoning someone for life, contrary to popular belief. In addition to the previously stated problems with the death penalty is the fact innocent people are convicted every day; innocent people have an d will continue to be murdered because of wrongful convictions. The ineptitude, cost and chance of wrongfully condemning someone to death are all reasons as to why the death penalty is not the answer to crime and that there should be no place for capital punishment in a civilized society. Many people believe that the death penalty is not an effective solution to violent crime or even an efficient way of decreasing violent crimes. The fact that the death penalty does not deter crime is proven when comparing the homicide rates between Canada and the United States; although homicides are punishable by death in the U.S.A, the rate at which they occur is more than triple that of Canada?s (1.8 per 100,000 in Canada to 5.5 per 100,000in the U.S.A). These numbers reveal that not only does the death penalty not stop murders from happening, but in countries that focus on rehab rather than punishment the homicide rate is lower. Capital punishment makes little if any difference to homicide rates and has not helped countries like the U.S reduce violent crime, making it an obsolete and ineffective form of justice. The inability of the death penalty to prevent, rather than punish murder is just one of many reasons as to why it is the wrong answer for how to serve justice. The death penalty has been and will continue to be argued from a moral, ethical and legal perspective. However, some countries have abolished this practice for one simple reason: money. Although most people believe that it would cost less to execute convicts rather than give them a life sentence, it is actually the opposite; life in prison is in fact cheaper than sentencing someone to death. An audit into the cost of death penalties in Kansas counted death penalty case costs up to the execution and found that the median death penalty case costs $1.26 million. Non-death penalty cases were counted till the end of incarceration and were found to have a median cost of $740,000. For death penalty cases, the pre-trial and trial level expenses were the most expensive part, 49% of the total cost. The investigation costs for death-sentence cases were about 3 times greater than for non-death cases. The trial costs for death cases were about 16 times greater than for non-death cases with $508,0 00 for death case and $32,000 for non-death case. This audit of the Kansas justice system reveals that it not the actual execution but the trials leading up to the executions that cost the most. The extremely high cost of executions compared to a cheaper alternative that ensures the same result (crime cannot be committed while someone?s in prison) demonstrates why the death penalty should no longer be used. Some wrongful convictions are inevitable in all justice systems. In most cases when the victims are found to be innocent they are compensated somehow, but if someone is sentenced to death there is no way to make up for that. The fact that an innocent person could be murdered simply because he or she was wrongly convicted is wrong. An example of someone being wrongfully executed is Johnny Frank Garret of Texas who

Public Health and the Law Essay Example | Topics and Well Written Essays - 500 words - 1

Public Health and the Law - Essay Example There are laws associated with motor vehicle safety at both the federal and state level. At the federal level, The National Traffic and Motor Vehicle Safety Act that was enacted in 1966 in the United States empower the federal government to set and administer safety standards for road traffic safety and motor vehicles (Evans, 2004). This law was set up to curb the increasing number of motor vehicle crashes and the associated injuries and fatalities on the road. At the State (Florida) level, the laws associated with motor vehicle safety are: Florida Lemon Laws; Seat Belt Laws; Double Traffic Fines; Florida DMV Privacy; Clearing up a Traffic Ticket; and School Zone Speed Limits (Evans, 2004). The Florida Department of Highway Safety and Motor Vehicles regulates all the motor vehicles and all the laws that apply to them. These types of laws are legislative because they were enacted by the legislature or other governing bodies. As legislations, these laws main purposes include: regulatio n, sanctioning, proscribing, declaring, authorization, or restricting particular acts or events (Keller & Associates, 2010). The federal and state laws described in this paper relate greatly with the public health services. It has emerged that the motor vehicle safety are related to specific public health concerns. These concerns include: high risk populations that include Alcohol-impaired drivers who account for about 39 percent of all traffic deaths, young drivers and passengers, and pedestrians; and occupant- protection systems which are aimed at promoting motor vehicle and public health safety. Since motor vehicle safety is a public health concern, its laws relate to the public health services (Evans, 2004). These laws play fundamental role in health promotion, wellness and prevention. They ensure stricter law enforcement; create awareness on the dangers of drinking and driving. Also, they facilitate

New Public Management has led to a convergence between the public and Essay

New Public Management has led to a convergence between the public and private sector and enhanced the delivery and organization of public services. Discuss - Essay Example In some public organizations when the measure of success is considered to be on the basis of powerlessness or apathy, all efforts would be geared towards this even if it compromises the quality of services given to the service users. In such instances, the traditional tools and avenues for measuring success in the business and private sector cannot be employed. While the two sectors share several similarities in terms of management methods, they are not entirely the same. This difference can only be appreciated when one accepts that the administration means as well as the values in the sectors are very much dissimilar. Ferlie et al. (2006) notes that the public sector greatly values the interest of the public and also puts emphasis on political compromise when undertaking its initiatives. On the other hand, the private entities are more focused on profitability and they therefore strive to come up with ways of management and operation that will ensure that they achieve the goals. Despite this being the case, there has been a very interesting phenomena whereby there appears to be a convergence between the public and the private sector aided by the New Public Management (NPM). This treatise discusses how this convergence has taken place and the effect it has had on the delivery and the organization of public services. Esping-Anderson (1990) remarks that in order to appreciate the effect that New Public Management has had on both the private and private sector operations, it is imperative to explore the traditional sectors and how the two operated in terms of management and priorities. Haynes (2003) says that businesses in the private sector normally engage in the creation and distribution of services and other commodities to be able to enhance the quality of life of the buyers while at the same time making profits for the shareholders. This, therefore, calls for constant innovations to reward

Citizen Kane Essay Example | Topics and Well Written Essays - 1000 words

Citizen Kane - Essay Example The key aspect of Kane's character contribution to the tragedy plot lies in his character flaw. This is of pivotal significance in the plot propagation as it triggers the cause and effect set of events that will evoke pity and fear in the audience. Kane’s tragic flaw lies in his failure to grow and mature into a responsible man. The elements of his flaw are embodied in his failure to manipulate his charm and panache to materialise into something feasible in his quest for happiness. His flaw is also heightened in his selfishness reflected in his insatiable desire for women. He collects wives, possessions and animals in his pleasure dome but never gets the satisfaction that he longs for. The protagonist character flaw is one fundamental of the Aristotelian philosophy of tragedy.This aspect on Kane is well enunciated by Peter J Pullicino ( Critically Appraise Citizen Kane as Cinema:2008 ). â€Å"Even a cursory summary of the fragments leads us to an imposing list of contradictio ns: Kane is the dashing hero and a grotesque tyrant, an idealist and a cynic, and egotist and a defender of the common man, a child who never grew up, and a man who never had a childhood†¦".

Relationships between Critical Thinking & Ethics Essay

Relationships between Critical Thinking & Ethics - Essay Example These values are such as justice, wisdom, care, and compassion, which are lacking in the case of execution of prisoners in order to sell their body parts. Critical thinking enables individuals to make decisions based on verified information and truths. In the case of human organ selling, there is an apparent deviation in the act by the military through their brainwashing due to money. The military and Dr. Dye fail to identify the importance of life due to greed for money. In both cases, the military and the doctor failed to ensure the human right to life. Restricting to logical rules and guidelines will not require ethical decision-making process. Critical thinking determines ways of analyzing and differentiating facts from fiction or a way of understanding or making new discoveries (Ruggiero, 2011). Critical thinking influences culture that determines the way of life of a person through equipping one with a mental process of evaluation. The mental process forms a ground that determines the ethical standards. An inference that critical thinking forms the overall determination of moral values can be made. In the scenario considered, if the military, doctor, and the prospective customers did put considerable thought to the inhumanity of the business, they would not have been

As Time Goes By Movie Review Example | Topics and Well Written Essays - 250 words

As Time Goes By - Movie Review Example In a scene at Rick's Cafà © Amà ©ricain, Ilsa asks Sam to play the song ‘As Time Goes By’ on the piano and Sam replies that he is a little rusty on the air but when Ilsa insists, and she hums the song for him, Sam plays the song. Ilsa then further insists that Sam sing the song, and he does. As Sam plays the tune, Ilsa is in a moony state as if the song brings up some memories (Langkjà ¦r). Shortly Rick walks into the Cafà © and scolds Sam for playing the song, but when he sees Ilsa the two look at each other for a while as the song continues to play in the background. It then becomes quite clear to the viewer, that this song is not just another soundtrack, but a tune that emphasized the love affair between Rick and Ilsa. From this moment on the song ‘As Time Goes By’, becomes part of the functional soundtrack music of the movie. The song on its own told the story of love when it played out again in the flashback sequence in Paris when Rick is in blue me mories, and every time Ilsa and Rick were together. The song ‘As Time Goes By’ became a natural hummable tune that left a lasting memory on the viewer(s) and reminded them of the striking romance between the two lovers in the movie Casablanca. In the movie, we see the theme of valor when Lazlo seeks to obtain the letters of transit from Rick even when he is aware that Major Strasser came to Casablanca to ensure that he does not succeed. On the other hand, we see the theme of sacrifice when Rick lets go of Ilsa, the love of his life and urges her to go with her husband Victor.