Nobody downloaded yet

CRIMINAL LAW - HOMISIDE - Assignment Example

Comments (0) Cite this document
Criminal Law – Homicide Name Institution Professor Date Criminal Law – Homicide When a human being is killed by another human being, the act is known as a homicide. The two main types of homicides are murder and manslaughter with the difference being that manslaughter is a less serious offence than murder (Slapper & Kelly 1999)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.7% of users find it useful
Read TextPreview

Extract of sample "CRIMINAL LAW - HOMISIDE"

Download file to see previous pages 23). With reference to the above given question, this paper will determine the accuracy and the type of homicide that was involved in the two cases given. In addition to that, this paper will identify the relevant points that will be able to prove that the offences that were committed were committed by the said parties. This paper will also cite correctly the legal authorities and scholarly opinions which support or refute those arguments. In the case study given above, Peter committed the act of hiding behind the fence in Quinn’s field with the intention of startling the horses and riders but instead, the act led to the death of Quinn who fell from a horse which was startled by Peter. At the same time, Derek and Cedric who were hunting together with Quinn, picked up Peter, carried him out of the field and threw him into a lake. As a result, there were two murders, that is, that of Quinn who was killed unintentionally by Peter and that of Peter who was killed intentionally by Cedric and Derek. In the first case where Quinn was killed by Peter, that kind of murder is known as involuntary manslaughter according to the English legal system. ...
This act can also be put in the category of manslaughter by gross negligence. This is where one ignores all the risks involved in the act and goes ahead to commit it which later leads to the death of another human being. In this case, Peter had foreseen that there was a possibility of a rider falling from a horse as he startled it but ignored the fact and went ahead to commit the act which in turn led to the death of Quinn. There are four stages of gross negligence known as Adomako test that was presented by the House of Lords in the United Kingdom (Slapper & Kelly 2011). The Adomako test involves stages which are; a duty of care of existence to the deceased. This is a stage which arises when; a person commits an act without being reasonable or being able to foresee the results of his / her actions because some the acts may lead to death. In this case study Peter was not reasonable when he committed the act of startling the horses knowing very well that this act may cause injury or harm to another person but instead caused death to Quinn. If Peter had the duty of care to the other human beings, he would have foreseen the results of his actions and would have been able to foretell what would have happened if he continues with his intentions. In this case, Peter foresaw the results of his action and was not reasonable enough to know that his actions can cause injury or even murder to a fellow human being. Therefore, there was a breach of the duty of care by Peter towards Quinn. A breach of the duty of care is where a person may not be able to act as a reasonable person would have in their possession (Wheeler 2002, p. 42). In this case, Peter did not act as a reasonable person would have acted in his position and ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“CRIMINAL LAW - HOMISIDE Assignment Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from
(CRIMINAL LAW - HOMISIDE Assignment Example | Topics and Well Written Essays - 2500 Words)
“CRIMINAL LAW - HOMISIDE Assignment Example | Topics and Well Written Essays - 2500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Criminal Law

...of sexual infidelity of victim in defence to murder’ The Times (London, 30 January 2012) 49 Attorney General for Jersey v Holley [2005] 3 WLR 29 Clough A, ‘Loss of Self – control as a Defence: The Key to Replacing Provocation’ (2010) 74(2) JCL 118 — — ‘Sexual Infidelity: The Exclusion that never was?’ (2012) 76 JCL 382 Coroners and Justice Act 2009 Edwards SSM, ‘Anger and Fear as Justifiable Preludes for Loss of Self-Control’ (2010) 74(3) JCL 223 Gibb F, ‘Killers can use crime of passion defence, jurors told’ The Times (London, 18 January 2012) 9 Homicide Act 1957 Monaghan N, Criminal Law Directions (2nd edn, Oxford University Press 2012) Norrie A, ‘The Coroners and Justice Act 2009 – Partial Defences to...
10 Pages(2500 words)Essay

Criminal law

...? Criminal law Actus Reus is the outward conduct element of the crime. The mental element necessary for a particular crime or the blameworthy state of mind that accompanies the act or conduct is called mens rea. These two ingredients form the basic element of the crime. Thus, mens rea by itself is not enough; the actus rea also has to be established. Causation is one of the actus reus crimes. This is where a conduct by one or by the defendant is the substantial cause of the consequence or the result. Parties to offences also crop up in this question. When there are different parties to a crime, principle offenders are deemed to have contributed to committing the offence. In this case Andrew decides to kill his wife Sue in order... was the...
7 Pages(1750 words)Essay

Criminal justice/ criminal law

...and Tokyo Tribunal were both of ad hoc nature.2 It was during the Genocide Convention of the United Nations that the idea of a permanent international criminal tribunal took shape. Draft statutes were consequently prepared by the International Law Commission (ILC), but these efforts were hampered by the difficulty in coming to an accord on how to define aggression. In 1989, Trinidad and Tobago and several other Caribbean and Latin American states and NGOs petitioned for the continuation towards efforts to establish an international criminal tribunal to try drug trafficking cases. In the 1990s, events in Eastern Europe and Africa necessitated the establishment of ad hoc tribunals to try...
16 Pages(4000 words)Essay

Criminal law

...any charges in relation to the library book as she did not complete the actus reus of the offence by taking the book from the property. Similarly with the rent money, she would only be charged with theft if she was unable to repay the amount spent when the rent was due to be paid18. Bibliography Cook, K, James, M, and Lee, R, Core Statutes on Criminal Law, 2006-2007, Law Matters Publishing Elliott, C & Quinn, F, (2000), Criminal Law, 3rd Ed, Pearson Education Glanville Williams, (1983), Textbook of Criminal Law, 2nd Ed, London: Stevens & Sons Glazebrook, P R, (2001), Statutes on Criminal...
4 Pages(1000 words)Essay

Criminal Law

...?Swarna1 Word Count 2038 Order 528374 d 1st May CRIMINAL LAW Case study: Claire and Tony have been married for 15 years and they have 3 daughters aged 4, 11 and 14. Tony has always been a very domineering husband and father but over the last 3 years his desire to control everything and everybody around him has become more extreme. When Claire disagrees with him or wants to do something on her own without his permission he loses his temper and shouts and screams at her and both threatens to be and is physically violent to her. Sometimes his violence takes the form of sexual assault – which he says is just his right as a husband. Claire is terrified and feels powerless to do anything. She wants to protect...
9 Pages(2250 words)Assignment

Criminal law

..., if the assailants are apprehended, they would also be charged with attempted murder. This owes to the fact that they were actually ready to commit this had the man refused to provide them with what they wanted. The difference between the two articles is that while there is use of force in in one, the other one has no such intensions to harm the individual. However, they are both similar in the sense that in both, theft is the main act. In matters of giving sentences though, the burglars using violence to obtain property may get up to life imprisonment depending on the laws of a particular country. This owes to the fact that such thefts committed more than one criminal act. They intended to murders,...
7 Pages(1750 words)Assignment

Criminal Law / Civil Law

...? Criminal Law: USA v. Dr. Robert W. Stokes Criminal Law: USA v. Dr. Robert W. Stokes The case against Dr. Robert stokes According to Cornell University Law School, “Criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Cornell University Law School, 2010, Para 1). In a criminal case, the government, through a prosecutor, files the case and if individuals subject to the criminal case are found guilty, they are liable for incarceration, fine payment, or both. However, in civil cases, guilty parties are liable to...
3 Pages(750 words)Essay

Criminal law criminal conduct. He said: "[W]hen intention or subjective recklessness is required as to an element of the crime, an honest mistake will suffice to negative mens rea. When the crime requires proof of negligence, a reasonable mistake will be required."23 The common law development of subjectivism in relation to the defence of mistaken belief as to the complainants age must be read together with the statutory provision for the defence. The general attitude suggests that the defendant’s negligence will be construed to defeat a claim of mistaken belief since implicit in the reguired ‘honest’ element is a requirement that the defendant be mindful and cognizant of factors attributable to the...
10 Pages(2500 words)Essay

Criminal Justice/ Criminal Law

...Criminal Justice/ Criminal Law: Burden of Proof Criminal Justice/ Criminal Law: Burden of Proof Many are the times when peoplehave watched movies and films which dwell on criminal investigations and legal drama. In these films, the different aspects that are required for the prosecution, arraignment in court as well as sentencing of a person are brought forth. But some of the terms that are used in these films are never paid attention to and many just follow the plot. Terms such as criminal evidence, burden of proof, and innocent until proven guilty and beyond any reasonable doubt are seen as part of the...
8 Pages(2000 words)Research Paper

Criminal Law

...Criminal Law Criminal Law Capital punishment was meant for cases that involved the death of a victim. So, it is not appropriate for courts to issue the death penalty on other offenses other than murder. It is considered excessive and unconstitutional for an individual to receive the death sentence if the victim does not die, and this is under the Fourteenth and Eighth Amendment (Melusky & Pesto, 2011). In a case involving Patrick Kennedy of Louisiana, the accused was charged with molesting his step-daughter, and was given the death penalty. However, the Supreme Court overruled this decision by claiming that the decision was disproportionate with the crime committed. The...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic CRIMINAL LAW - HOMISIDE for FREE!

Contact Us