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Introduction to Criminal Law - Assignment

Added on - 22 Nov 2020

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Criminal Law
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1Meaning of Homicide and if any homicide act is considered as murder.....................................1TASK 2............................................................................................................................................2Case law and legislation regarding self defence..........................................................................2Case law and legislation regarding necessity..............................................................................2Case law and legislation regarding Insanity (M’Naughten Rules)..............................................3TASK 3............................................................................................................................................3Meaning of unlawful assembly under penal code and discussion on criminal responsibility of amember of unlawful assembly.....................................................................................................3Explaining the given statement with cases..................................................................................4Statutory provisions and jurisprudence where an individual can not be treated as guilty ofmurder..........................................................................................................................................4TASK 4............................................................................................................................................5Assessing the difference between provocation and diminished responsibility in reference to theUK legislation related to homicide..............................................................................................5CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................6
INTRODUCTIONHomicide is a term that is generally linked to an act where an individual indulges in killing someother individual. The report briefly discuses meaning of homicide and how variation is actuallymade in activities that whether they are murder or not. The report also defines, various defencesof homicide, such as, defence, necessity and insanity. The report will then make comprehensivediscussion regarding meaning of unlawful assembly under penal code and argument on criminalresponsibility of a member of unlawful assembly. In the end, the report discusses statutoryprovisions and jurisprudence where an individual cannot be treated as guilty of murder.TASK 1Meaning of Homicide and if any homicide act is considered as murderHomicide is considered to be an act of one human being killing the other. In order toconsider an act as homicide, it is important for on individual to commit a particular course ofaction, which results in leading the other individual to death (Fitz-Gibbon, 2014). Hence, it canbe stated that homicide is the result of reckless, negligent or accidental acts even if the individualmay not be having any intention to harm the other. Homicide can further be divided in to murderand manslaughter. An act is considered to be in one of the two categories based on intention andstate of mind of individual to perform that act. Hence, it can be stated that all the homicide actsare not considered as murder.As per the legislation of UK, murder is one of the forms of homicide, Hence, every murdercannot be considered as homicide. For a homicide to be considered as murder, it is importantthat, the act has been conducted intentionally by the individual. Murder is the most serious crimethat is charged under homicide, where jurisdiction have right to punish the individual for life oreven give capital punishment as well. Murder can be divided into categories. These are, firstdegree murder, which include planning, unlawful and intentional killing of person. There isanother second-degree murder which is not planned but it is unlawful and intentional. Anotheraspect related to homicide is manslaughter where an individual indulges in murder withouthaving any intention to kill the victim. It is due to potential lose in control of the actions due tohe / she being mentally and emotionally disturbed at particular point of time. The penaltygenerally charged on manslaughter is comparatively less to what is charged in case of murder(Harris, Leao and Rhodes, 2013).1
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