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Criminal Law - Case Study Example

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The case study under the title "Criminal Law" concerns the criminal case. As the author puts it, Peeta Martini, the managing-director of Shiraab Plc., and his wife Shami had been married for 15 years. Moreover, they have a 17-year-old step-daughter, Ginni…
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Criminal Law

Download file to see previous pages... In order to be able to advise Peeta, it is necessary to discuss the possible charges that might be brought against him and then examine any possible defenses. The starting point is to consider the necessary men's rea and actus reus of the offense of murder to determine whether there is sufficient evidence to charge Peeta with murder. From this, it will be necessary to consider the available defenses such as provocation, diminished responsibility, and automatism. It should then be possible to advise Peeta on the likelihood of the murder charge being reduced to manslaughter.
When establishing a charge for murder the prosecution has to show that the defendant intended to kill the victim or to cause them serious bodily harm. The courts have accepted that the defendant has the necessary intention
Where a person of sound mind and discretion, unlawfully kills any reasonable creature in being under the Queens Peace with intent to kill or cause grievous bodily harm. (Archbold: 19-1, 2008). R v Moloney [1985] and R v Woollin [1998] have removed the need to prove the malice aforethought element of the offense. There is no longer a need to prove premeditation and charges for murder have been accepted where the prosecution can prove that the defendant intended to cause serious harm to the victim.
In determining the guilt of the accused, juries are generally instructed to consider the foresight of the accused on the basis of what the accused ought to have foreseen not what they actual foresaw as a result of their actions. ...Download file to see next pagesRead More
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Criminal Law
However, the provocation occurred four hours before the actual act, so it is doubtful that provocation would be a valid defense. Another factor is that Derek was suffering from blackouts prior to the incident where Alan might have provoked Derek, plus Derek was voluntarily intoxicated, both of which could negate the mens rea of the crime of one or either caused Derek to act without having the intention to commit the crime.
8 Pages(2000 words)Essay
Criminal Law
She packs her bags and goes. Not knowing what to do, Alan picks up a hunting rifle and goes in search of Clive. He looks through the pub window and sees both Betty and Clive together. Whilst taking aim at Clive with the rifle, Dennis, an old friend from the pub, staggers over Alan and gives him a hard slap on the back.
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Criminal Law: case study
Under the spell of rage and anger, he punched peter who collapsed, was struck with the corner of a cabinet and had ultimately died, before the medical aids arrived. There are two ways to look at whole scenario, from legal perspective. In this scenario there are two offenders.
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Criminal Law Master Case Study
'(Rahee,(1866)Unrep Cr C6)' The fact that the death of a human being is caused is not enough. Actus reus and Mens Rea both should be proved by the prosecution. "The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind.
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Criminal law: liability for manslaughter
This results in Fern falling to the pavement and hitting her head, causing an injury from which she dies 2 weeks later. In this paper I will identify the type of offences applicable to both cases; at the same time I will define what the offences are, and explain them with respected to the law, while indicating how the law applies in this case.
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This answer first deals with Alan, then Ed & Doctor Fiona. It will finally envisage Alan's criminal liability for Clive & Betty's death. In order to establish liability it need to discuss actus reus, mens rea and defences. Alan may be charged under murder or manslaughter.
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Criminal Law: problem analysis
Gabrielle and her personal trainer, Carl may be liable for conspiracy. At common law the offence of conspiracy was committed where two of more persons agreed 'to do an unlawful act, or to do a lawful act by unlawful means' [Mulcahy 1]. The offence of statutory conspiracy is defined in s 1 of the Criminal Law Act 1981.
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Criminal Law Degree Case Study
(b) Richard should plead the "necessity" defence as a general defence to almost all criminal charges however case law has often shown that the court will decide whether the defendant is worthy of such an exclusion on a case by case basis. The case for this scenario is R v.
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Problem essay - law - criminal law
In order to answer this question it is necessary to discuss Kirby J's view with reference to the scope of liability under principles of common purpose and the group or collective dimension of criminal activity have to the formulation of principles of liability.
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Criminal law problem question
The most common definition of the actus reus in murder is provided by Edward Coke, who states - "When a man of sound memory and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King's Peace, .
6 Pages(1500 words)Case Study
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