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Applied Criminal Law: Liability for Homicide, Theft, and Sexual Offences

   

Added on  2023-06-15

12 Pages4034 Words377 Views
Applied criminal law

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY ..................................................................................................................................3
Colin and Bilal liability for homicide, .......................................................................................4
Erin's liability for the theft .........................................................................................................7
Simeon's liability for sexual offences ........................................................................................9
Conclusion:....................................................................................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Criminal laws are the laws that has been defined as those offense which helps in
regulating the apprehension, charging and trial over suspected persons which makes penalties
with mode of treatment applicable to convicted offenders. These laws has been helping in
forming proper legal structure which makes balance to be created within society. Such laws
helps in creating guidelines and rules helping in creating appropriate laws making criminals to be
punished. These laws covers different kinds of aspects that is related to punishment which is
based upon criminal perspectives. Scope of these laws are wider as they have tendencies to
impact society at large. This hold dynamic nature as using the laws criminal perspective is
covered. In this file things covered is based upon aspects related to criminal law and various
offense of it with the help of case law. Also questions regarding case scenario is required to be
answered effectively.
MAIN BODY
Case scenario: In the case as part of gesture over the service the guests are entitled to
borrow jet skis which has to be used within designated area of water which has been marked out.
On arriving guests is required to sign an agreement over terms one of the guest Erin has ride jet
skis beyond the permitted area and seeing friend on shore abandons the jet ski without tethering
the dock. This made jet skis face damages. Colin has been working on the yacht with his sister
Anita. On one evening Anita is out with friends at a restaurant on shore. There Simon met her
and offered her drink. Then they started talking to each other and after some time Anita was
willing to go back to the shack but Simeon told her to come hotel with him she agreed
reluctantly. She realized that she slept in room and ran away in tears. Upon haring his sister cry
Colin incensed at the end of shift he goes to confront Simeon. In an unapologetic way Simeon
fight with spills out onto dock which made him drown within water. Bilal is the chef on the yacht
and one night after preparing and evening meal for the guest he retire to bed. Later pizza was
ordered by guest late in night Anita was preparing the pizza as Bilal was resting but she got
distracted which resulted in causing oven on fire and sounds fire alarm. In order to control fire
Bilal leaped out of bed but it become out of control causing death of Victor because of smoke.

In police investigation it was marked out that Erin is not aware of the condition of hire.
Simeon's mobile was checked which had Sexual Consent App to be appeared for having record
of “Sexual consent app” which appeared to have record another user which has been identified as
Anita has paired phone with Simeon's and provide consent upon sexual activity. Anita said she is
too drunk to recall and would never had consent for intercourse. Colin says that he completely
lost the plot of Simon's treatment
Based on the facts certain questions arise which are
Colin and Bilal liability for homicide,
Issue:
After analysing the above scenario the first issue that has been marked out is based upon
Colin and Bilal liability for homicide. The issue is based upon criminal law aspects which is
based upon gross negligence of manslaughter.
Rule:
The rule that has been identified in relation to the issue is base upon homicides which is
covered within criminal and also under Homicide Act 1957. This act is mainly developed in
order to enact partial reforms of Common law offence of murder within English law through
making abolishment of constructive malice in limited circumstances. The reform also deals with
partial defence of provocation regarding diminishing responsibility. Further, the case deals with
gross negligence of manslaughter that is form of involuntary manslaughter within which an
defendant has been ostensibly acting lawfully. Involuntary manslaughter also arise where
defendant has caused death but neither intended over causing death nor having intention upon
causing bodily harm and thus lacks means rea of murder. Under it constructive manslaughter
exists which make constructive manslaughter exists making defendant commit an unlawful act
which has resulted in death and amounts to gross negligence of manslaughter. This is not
dependent upon demonstrating an unlawful act which has bee n committed. Also gross
negligence of manslaughter can be said to apply in the case where defendant commits lawful
action in a way that it render action of criminal. Gross negligence of manslaughter differ from
constructive manslaughter which has been committed by omission. In this case court should
apply test that is Crown must prove beyond a reasonable doubt which is used in order to
prove that accused has committed an unlawful act, the act must be unlawful for a reason other

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