Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

CRIMINAL LAW - Essay Example

Comments (0) Cite this document
CRIMINAL LAW Name: Institution: Facts Rachel and Monica paid a visit to the Pick and Run Supermarket when it was carrying out its close down sale. Monica bought a set of Kitchen knives, frying pan and a pair of scissors. When Monica and Rachel were on their way out of the supermarket, they met their friend Ross’ new girlfriend Charlie…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.7% of users find it useful
Read Text Preview

Extract of sample "CRIMINAL LAW"

Download file to see previous pages Rachel would win the challenge if she did not move her foot. Rachel accepted the challenge. The game started and Charlie was the first to throw a knife which hit Rachel’s ankle resulting in a deep cut and started bleeding. Rachel shouted at Charlie that she would get back to her, if she wasn’t in much pain. Seeing what had happened, Monica shouted to Charlie wondering whether she was crazy. Monica then lamented that she could not believe that Charlie had cut Rachel’s foot and asked whether it was because she hated her since she used to date Ross who still loves her. These comments infuriated Charlie, who grabbed the pair of scissors lying on the table and cut a large chunk of Monica’s hair. Charlie raised her hand again holding the scissors and Monica thought that she was going to cut her again, and so she rushed out of the house. On her way out, Monica met Joey who had heard the commotion and had come to check what was going on. Bumping onto Joey, Monica fell on the floor dislocation the right wrist which she had previously injured a day earlier while playing tennis. Rachel grabbed the frying pan and tried to hit Charlie at the time Joey was entering the apartment. Rachel missed Charlie and instead hit Joey fracturing his nose. In this case, the facts are that, Rachel was aware of the risk and danger she was putting herself into when she agreed to take the challenge that allowed Charlie and Monica to throw knives near her foot. Charlie threw a knife that cut Rachel’s foot resulting in bleeding; this was not intentional but an accident. As a result of infuriation, Charlie cut off a big chunk of Monica’s hair, this was not an accident, and it was intentional. Monica dislocating her arm as a result of bumping onto Joey was purely an accident. Rachel hitting Joey’s nose with a frying pan and fracturing it was not intentional. Based on the facts of this case, the question that arises is what criminal liabilities for the said parties in this case are. Parties Criminal Liability It is very clear, from the facts extrapolated above; the issues of Grievous Bodily Harm, Accidents, and Transferred Malice in relation to injuries are significant to these parties’ liabilities. Neither Rachel, Joey nor Monica, did anything wrong. The harm caused to Rachel by Charlie, the deep cut in Rachel’s foot, is considered involuntary. The potential criminal liability that faces Charlie is the Grievous Bodily Harm statute under section 18 of the 1861 Act, Offences against the Person. According the external elements of the offence-actus reus-a defendant must unlawfully cause any grievous bodily harm or wound1. The deep cut on Rachel’s foot caused by Charlie may constitute a grievous bodily harm or wound, under the rule found in Eisenhower, the continuity of the whole skin be cut rule2. The deep cut on Rachel’s foot caused by Charlie can also be explained under really serious bodily harm as seen in the case DPP v Smith3, but would, however, be up to the jury. According to the mens rea4, for such a liability to accrue, there is a requirement that an act needs to be malicious and with intent. Charlie would most probably fall under section 18 of the 1861 Act, Offences against the Person, which does need intent or malice5. It may be argued that cutting someone’ ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
(“CRIMINAL LAW Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
CRIMINAL LAW Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from
(CRIMINAL LAW Essay Example | Topics and Well Written Essays - 1250 Words)
CRIMINAL LAW Essay Example | Topics and Well Written Essays - 1250 Words.
“CRIMINAL LAW Essay Example | Topics and Well Written Essays - 1250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages (2500 words) Case Study

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages (1750 words) Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages (2250 words) Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages (1500 words) Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages (2000 words) Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages (1500 words) Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages (2000 words) Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages (2000 words) Case Study

Identification of problems in the Criminal Justice System of the US

They are on trial and will be dealt with fairly. These laws ensure that no one, even if he or she has committed a crime is abused or punished cruelly.
Following the history of civilization like in china, we see the traces of systems for Criminal justice in order to provide safety for the citizens. Evolving through the years laws have been modified and changed to form the system that we know today.
 From its start, the “U.S. criminal justice system” has advocated the idea of “checks and balances”. To avoid dictatorial rule, the people who founded this system in such a way that one person was not given control or authority completely to punish the criminals. The idea of assigning a ‘jury...
6 Pages (1500 words) Assignment

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages (1500 words) Assignment
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 Essay on topic CRIMINAL LAW for FREE!

Contact Us