StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Nobody downloaded yet

Who, If Anyone, Is Criminally Responsible for the Death of William - Case Study Example

Comments (0) Cite this document
Summary
The author of "Who, If Anyone, Is Criminally Responsible for the Death of William" paper analizes the issue arises as to who in fact is liable and if liability can be established under criminal law, whether any defenses are available under the circumstances…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.5% of users find it useful
Who, If Anyone, Is Criminally Responsible for the Death of William
Read TextPreview

Extract of sample "Who, If Anyone, Is Criminally Responsible for the Death of William"

Download file to see previous pages If we consider actus reus, it must be established that Simon committed an unlawful act that caused William’s death. Both factual and legal causation of death must be established. The factual test applicable is the “but for” principle established in the case of R v White2. Simon will be criminally liable if his conduct was the factual cause of William’s death and the consequence of death would not have happened “but for” Simon’s conduct.

If we apply the “but for” test to the current situation, William would not have been in hospital with severe injuries and loss of blood if had not been for Simon’s actions, therefore under the “but for test”, it is more than likely that Simon’s conduct will have satisfied the requirement of the factual cause of death. However, it is also evident from the facts that the medical staff at the hospital gave Williams the wrong blood type in the blood transfusion. As a result, William died two days later and this begs the question as to whether Simon was in fact the legal cause of death or whether the blood transfusion was the cause of death.

Under the legal causation test, it is not necessary for Simon’s conduct to be the sole cause of death however it must be the substantial cause and have made a significant contribution to Simon’s death3. Ultimately, this is determined according to the facts of each case, however, case law has established that the original wound must still be operating and a substantial cause at the time of death4.

With regard to the current scenario, the doctors administered the wrong blood type in the transfusion therefore it is arguable that it was their failure that was the substantial cause of Simon’s death. However, UK courts have been reluctant to break the chain of causation in cases where medical negligence is involved. A prime example is the case of R v Smith,5 where the victim was stabbed by Smith and a series of “unfortunate occurrences6” followed contributing to the chain of causation. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Who, If Anyone, Is Criminally Responsible for the Death of William Case Study, n.d.)
Who, If Anyone, Is Criminally Responsible for the Death of William Case Study. https://studentshare.org/law/1720377-who-if-anyone-is-criminally-responsible-for-the-death-of-william-see-problem-case-attached
(Who, If Anyone, Is Criminally Responsible for the Death of William Case Study)
Who, If Anyone, Is Criminally Responsible for the Death of William Case Study. https://studentshare.org/law/1720377-who-if-anyone-is-criminally-responsible-for-the-death-of-william-see-problem-case-attached.
“Who, If Anyone, Is Criminally Responsible for the Death of William Case Study”. https://studentshare.org/law/1720377-who-if-anyone-is-criminally-responsible-for-the-death-of-william-see-problem-case-attached.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Who, If Anyone, Is Criminally Responsible for the Death of William

Climate Change: Who is Responsible

According to the World Health Organization, “Climate change has already caused an additional 5,000,000 extra cases of severe illness a year” (The Independent, June 20, 2007). It is time for the policy makers to implement strategies lest the deleterious effects of climate change should cause a tragic loss of human lives. The World Health Organization also predicted that nearly 200,000,000 humans will be vulnerable to fatal diseases due to consumption of water contaminated by floods (The Independent, June 20, 2007). Since climate change is induced by the greenhouse gases, such as carbon dioxide, methane, and nitrous oxide, which are emitted by automobiles, power plants, industries, and agricultural practices, there is a...
5 Pages(1250 words)Essay

Who Is Responsible for Childhood Obesity

... A PERSUASIVE ESSAY ON CHILDHOOD OBESITY Outline Thesis Statement: Even though food advertising, sedentary lifestyle and improper nutrition are blamed for the increase in childhood obesity, it is ultimately the parents who are responsible for their child’s health. I. Parents fear that they would lose their child’s love and appreciation if they intervene in their child’s life regarding appetite and eating habits. A. Parents need to understand that their child’s health concerns need to be identified and confronted. B. Initial intervention needs to be initiated by the parents since they are the ones that the child can trust and gain support from. II. Some parents believe that their overweight children can grow out of their obesity problems...
8 Pages(2000 words)Outline

Who is responsible for Irmas untimate success

... Who is responsible for Irma’s ultimate success? ‘When we were strangers’, is a compelling tale that is a mixture of dreams, heartbreaks, loss and success. The book brings out the life of a young poverty stricken young woman, Irma Vitale who lives in a tiny village of Opi hidden in the Abruzzi Mountains. What gets highlighted immensely early in the story is that she is of marriageable age. She gets considered too poor and unattractive to marry. It commences by her brother departing for America in search of a better life and future, in a bid to escape poverty that was in the village. When Irma’s brother departs for Cleveland, and she notices that more and more youth from her village are following in the same trend, she panics and loses hope...
5 Pages(1250 words)Essay

Who Is Responsible for Current Financial Crisis

... (Sanchez 521). Those who headed the very large financial institutions practiced things that were illegal in their line of work and all this brought about the financial crisis because their attempts to make profits illegally came to fall apart. When this happened, instead of taking responsibility and dealing with the situation themselves as professionals, they showed just how much they did not know about the damage that they had caused by letting the financial crisis take place. The weakness of the leaders in some of the financial institutions caused some of them to collapse and others nearly did so if it was not for help from the government to keep the afloat and to maintain the confidence of their investors. Another possible cause...
4 Pages(1000 words)Essay

Who was responsible for the Boston Masacre

... In the endeavour to determine who was indeed responsible for the Boston Massacre of 1770, Wheeler and company recommends the method of reconstructing the scene itself, in the context particularly of the actual order and sequence of events, considering how the involved men, civilians and officers alike, were individually oriented in space and what was each person’s exact position. Despite the amount of supporting evidence available, it would take regard on a level of precision that could address controversies herein on the basis of efficiently “deducing which witnesses were telling the truth, which were lying, and which were simply mistaken” (Wheeler et al 87) alongside an equivalent focus on the central question “What really happened...
3 Pages(750 words)Essay

Global Warming. Who is responsible

And the major part of the warming that has been reported this century took place from 1900-1940. Ironically, the release of greenhouse gases was less during this period of the century when compared to the second half. In reality, the rise in temperatures over the recent years has been relatively higher when compared with the increase in greenhouse gases.1

Over the last few years, the issue of global warming has gained widespread media coverage. It has been the subject of many TV debates and now has a central role in the ongoing U.S. presidential elections campaigns. Many TV programs depict polar bears stranded as huge chunks of ice continue to melt into the polar waters. This has even been the subject of advertisement fo...
5 Pages(1250 words)Essay

Who is Responsible for Obesity

... Who is Responsible for Obesity? Introduction Obesity is a widespread condition in Western societies today and especially prevalent in the U.S. An obese person is what most would recognize as significantly overweight. They have more body fat than is considered healthy for a person of their particular height. Generally speaking, a person who is 40 to 100 pounds over their recommended weight is considered obese while those who tip the scale at 100 pounds or more over their desired weight are categorized as morbidly obese. The condition initiates much more than just public humiliation, which itself is very harmful, usually causing serious psychological damage that lasts a lifetime. The physical detriments of obesity are even more severe...
5 Pages(1250 words)Essay

Airplane Accident: Who Is Responsible

..., the families can sue the airline or the manufacturer of the airplane for additional damages. Though this is a matter of a court decision, the families of the victims should be compensated for the past and future medical expenses, past and future loss earning, “past and future pain and suffering, past and future disability and any disfigurement that has resulted from an accident from the manufacturer, or airline depending on who is responsible” (Smolowe 72). This is because most of the accidents are not caused by the victims. For injury or death in an airplane accident, in most cases the victim may bring a claim along with his or her family who is entitled to compensation for the loss. There are various losses that the family of the victim...
5 Pages(1250 words)Assignment

Who is responsible for My Lai

... Mr. Lai Massacre The massacre in My Lai took place when 75 troops, on March 16, 1968, went into My Lai village and murdered more than 500 civilians. Even today, America still debates this unfortunate blemish, not sure of where the country should place the blame (Belknap, 43). Do they blame it on Lt. William Calley for giving the command to his troops, to his commanding officers who gave him the orders, to the two platoons who actually did the killing, or to the American people for their continued protest of the war? 1. Task 1. According to the New York Times editorial, Mr. Calley endures as a classic scapegoat as he was sentenced to serve a life imprisonment. Nonetheless, the nation was polarized and soon after he was celebrated...
2 Pages(500 words)Essay

Who is responsible for the Great Depression

...Who is responsible for the Great Depression? It is axiomatic to squabble that recession interferes with the financial stability of a country. The great recession of 1930 is one of the main economic blows that the global financial market has ever faced. It has been used by a myriad of economist and financial analyst to explain the vulnerability in the markets. The future of America appeared bright in 1929 when Hebert Hoover was inaugurated as the president of America. The penchant for efficient planning and academic qualification put him ahead of his peers to be able to head the government. His era however marked the greatest depression that the country has ever faced, which also saw the crush of the stock market. (Heinrichs, 2012...
5 Pages(1250 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 Case Study on topic Who, If Anyone, Is Criminally Responsible for the Death of William for FREE!

Contact Us