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.

'English Criminal law fails to deal with the drug supplier whose client dies after voluntarily self-injecting or ingesting in a consistent and principled manner Discuss - Essay Example

Comments (0) Cite this document
Summary
The deaths of people from drug use and misuse have led to a long debate on the liability of the drug supplier in the death of the deceased. This debate has been made…
Download full paperFile format: .doc, available for editing
Polish This Essay94.1% of users find it useful
English Criminal law fails to deal with the drug supplier whose client dies after voluntarily self-injecting or ingesting in a consistent and principled manner Discuss
Read TextPreview

Extract of sample
"'English Criminal law fails to deal with the drug supplier whose client dies after voluntarily self-injecting or ingesting in a consistent and principled manner Discuss"

Download file to see previous pages This is a question English criminal law seems to provide us with inconsistent answers. In some cases such as R v. Kennedy2this has been considered as unlawful act manslaughter, while in other cases, such as R v. Evans3this hasbeen considered as gross negligence manslaughter. It is however rare to have drug supplier charged with murder. According to Mitchel4, it is not possible to charge a drug supplier with murder because their actions do have the mensrea(guilty mind) needed to prove murder. The English criminal law are however clear on that the supply of drugs is unlawful act. The unlawfulness of supplying drugs is specified in the Misuse of Drugs Act 1971. The Misuse of Drugs Act 1971 specifies that it is an offence to be in possession of controlled drugs5; to have the controlled drugs with intention to supply it6; supplying unlawful drug7; and allowing your premise to be used for supplying drugs.8 Therefore, if someone dies from the drug supplier’s unlawful act of supplying drug, the drug supplier should be charged with unlawful act manslaughter.
The criminal law on unlawful manslaughter or constructive manslaughter, requires sufficient prove of unintentionallinkbetween the supplier’s act and the death of the client for the supplier to be held liable9. Therefore, for the supplier to be held liable of manslaughter, it must be proved that the death of the drug user is attributed to the actions of the supplier10. The court needs to determine that were it not for the drug supplier’s act, the deceased could not have died (factual causation). Further to that, the court needs to prove that the act of the supplier was sufficiently significant in the death of the user(legal causation).English courts have failed to apply the principle of causation in a consistent and principled manner in most cases involving involuntary manslaughter11. It seems that, at ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“'English Criminal law fails to deal with the drug supplier whose Essay”, n.d.)
'English Criminal law fails to deal with the drug supplier whose Essay. Retrieved from https://studentshare.org/law/1679044-english-criminal-law-fails-to-deal-with-the-drug-supplier-whose-client-dies-after-voluntarily-self-injecting-or-ingesting-in-a-consistent-and-principled-manner-discuss
('English Criminal Law Fails to Deal With the Drug Supplier Whose Essay)
'English Criminal Law Fails to Deal With the Drug Supplier Whose Essay. https://studentshare.org/law/1679044-english-criminal-law-fails-to-deal-with-the-drug-supplier-whose-client-dies-after-voluntarily-self-injecting-or-ingesting-in-a-consistent-and-principled-manner-discuss.
“'English Criminal Law Fails to Deal With the Drug Supplier Whose Essay”, n.d. https://studentshare.org/law/1679044-english-criminal-law-fails-to-deal-with-the-drug-supplier-whose-client-dies-after-voluntarily-self-injecting-or-ingesting-in-a-consistent-and-principled-manner-discuss.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Book Analysis for the book I, Che Guevara
The physician, who turned into a revolutionary to lead people of Cuba, was known for his charm and warmth. Well loved by his people he was considered to have a very charismatic personality and very effective oratorical skills. ‘Che’ in local language means ‘pal’.
6 Pages(1500 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.
7 Pages(1750 words)Case Study
Criminal Law Essay
Therefore intention is a central part of British law. In British law intention is one of the kinds of mens rea (Latin = Guilty Mind) when it is carried out with an actus reus (Latin = Guilty Act) then a crime is committed. The guilty mind leads the guilty party to carry out the guilty act.
7 Pages(1750 words)Essay
English Criminal law Problem question - Discuss the criminal liability, if any, of Bruiser for the murder of Dot
there are two factors that must be established (a) the causing of the death of another human being and (b) the intent to cause grievous bodily harm, which is referred to as ‘malice afterthought’ and (c) the physical act of injury must match with a mens rea or the requirement
6 Pages(1500 words)Essay
Counselors have feelings too: The relationship between attachment and loss when a client dies
The present research is designed with the aim of clarifying the theory of attachment and loss for the employees in case they lose their clients, the relationships between attachment and loss, and the measures that should be taken
10 Pages(2500 words)Essay
Criminal Law Question: To talk of actus reus as guilty conduct is to misunderstand English Criminal Law. Discuss (2000 words word limit
??actus reus’ has been introduced in English law in order to describe specific terms under which a person should be considered as guilty of an action that is punished by particular provisions of English Criminal Law. The explanation of the content of the above term is of
8 Pages(2000 words)Essay
Criminal Law
negligence manslaughter, in situations where a person had created or made a contribution to the creation of a state of affairs which he knew, or should have known had become life-threatening to another person, a consequent duty would normally arise on him to act by taking
8 Pages(2000 words)Essay
English criminal law fails to deal with the drug supplier whose client dies after voluntarily self injecting or ingesting in a consistent and principled manner
However, there are some causes of death that are questionable and doubtable. Death as a result of old age, long-term illness and sometimes accidents are normal death that human beings undergo through, and people tend to
7 Pages(1750 words)Essay
Harm reduction, not abstinence, should be the goal of drug treatment in the criminal justice system. Discuss
The drugs that cause more harm, and those that are taken without any particular illness or prescription are as psychoactive drugs, and they are ingested so as to alter the functioning of the brain. Continual use of these psychoactive drugs is not good
13 Pages(3250 words)Essay
Consistent and inconsistent of client centered theory
The counselor does not interfere in any way with the thought process of the client as the client is believed to be responsible for their actions and is believed
10 Pages(2500 words)Essay
Let us find you another Essay on topic 'English Criminal law fails to deal with the drug supplier whose client dies after voluntarily self-injecting or ingesting in a consistent and principled manner Discuss for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us