Criminal Law in Ireland | Assignment
11 Pages2368 Words340 Views
Added on 2019-09-18
Criminal Law in Ireland | Assignment
Added on 2019-09-18
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CRIMINAL LAWArguing for the accused ( Joffrey )Student[Pick the date]
ContentsIntroduction.................................................................................................................................................2Issues in the case.........................................................................................................................................2The relevant law..........................................................................................................................................4Application of the law to the relevant facts................................................................................................6Conclusion...................................................................................................................................................8Bibliography................................................................................................................................................9
IntroductionThe assignment aims to prepare a legal submission on behalf of the accused in the followingcase. The person has been accused of manslaughter in the case. Manslaughter is a legal termwhich is used for homicide and it is a crime that relates to killing a person but without maliceaforethought and this crime is less culpable than murder1. It is different from killing as inmanslaughter, there is no prior intention of the criminal to kill the person and he does not createa deadly situation intentionally2. This assignment is prepared in consideration of the criminal lawapplicable in Ireland. Issues in the caseThe case is related to a person named Joffrey Baratheon who has been convicted of CerseiBaratheon’s (his mother) manslaughter. Since Cersei was old, infirm and was suffering fromadvanced primary progressive multiple sclerosis, so Joffrey Baratheon’s wife MargaeryBaratheon invited her to live with them and she took her care as she was a qualified nurse. But,Cersei would refuse food and drink, would refuse to allow her to be cleaned and often timeswould refuse her prescribed medication. Margaery was at her wit’s end and implored Joffreyto try to assist his mother. Initially, Joffrey was reluctant as she did not like his mother much,but later he realized his moral duty as a son and attempted to feed and clean her and give hermedication. But, Cersei put a condition on him that she will eat and drink only when Joffreywill get rid of his wife. This enraged Joffrey and he left her to rot. When Cersei’s brotherarrived to see her, he found her condition very bad and hospitalized her. Following admission,Cersei initially made progress in response to treatment, but unfortunately while in hospital shedeveloped pneumonia and later Cersei Baratheon died. Now, the issues that the jury has raised are that the legal cause of death of Cersei Baratheon wasJoffrey Baratheon because he failed to perform his moral duty as a son. He neglected thecondition of his mother which caused her death. Thus, Joffrey Baratheon has been found guilty. 1 Roger Kirby, Ian Franklin and Jenny Vaughan, 'Manslaughter And Preventable Harm' (2015) 6 Trends in Urology & Men's Health.2 'A New Test For Involuntary Manslaughter In California: Criminal Law. Homicide. Manslaughter. Degree Of Negligence Required For Involuntary Manslaughter' (1956) 8 Stanford Law Review.
Now, the aim is to save Joffrey Baratheon from conviction by ordering a re-trail (which has beendenied to him) on the ground that the acts or omissions of the accused were not a substantialcause of the death of Cersei Baratheon.
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