Criminal Law Assignment Solution

Added on - 04 Oct 2020

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Criminal Law
Table of ContentsMAIN BODY...................................................................................................................................1PRESENTING FACTS RELATED WITH CASE................................................................1ISSUES TO BE DETERMINED...........................................................................................1RULES RELATED WITH CRIMINAL LAW......................................................................1APPLICATION OF RULES IN CASE LAW.......................................................................3CONCLUSION......................................................................................................................4REFERENCES................................................................................................................................6
MAIN BODYPRESENTING FACTS RELATED WITH CASEThe present case is related with death of Yasmin, wife of Zane who accidentally shot herwhile hunting a Kangaroo. The couple was going to a tough time in their marriages and theirwere turbulence in their relationship. Zane used to beat her very often and this fact wasconfirmed by the neighbors of Zane and Yasmin. The husband was getting too violent towardshis wife day by day, they used to indulge in heated argument with each other and one of theneighbor heard Zane saying that he would kill Yasmin. This was heads on the night of 11 August2018 at 11 pm.On the very next morning of 11th August 2018, Zane made a sudden pan to go huntingand he wanted Yasmin to go along with him. He also took his 0.243 bolt action certifies riflewith him. They went to a remote bush land which is designated as nature reserve under Nationalparks of NSW. According per section 56 of Wildlife Act, 1974, hunting was prohibited in thatarea. They reached to bush by 11 am and stopped for having tea and ice (which both wereaddicted to). Zane spotted a kangaroo and fired at it but missed the aim. Yasmin was sitting on aback side of where Zane was standing to shoot the Kangaroo. On following the tracks ofKangaroo he moved and shot again, this time the butte hit Yasmin near her heart. Seeing thisZane fled the scene.Yasmin was spotted by a bush walkers who heard the sound of gun shot and came there.Yasmin was taken to hospital where it was fond that gun shot did not hurt the heart and that shehave good prospects of survival. But one of the surgeon ignored the fact that she was under theinfluence of ice which elevated her BP and ordered wrong dosage of drugs, negligently. Thismade the case worse and resulted in massive brain haemorrhage. She was declared brain deadand was placed on life support system. After one month her parents took a decision to removeher from life support system and she was declared dead on 11 September 2018.ISSUES TO BE DETERMINEDWhat are the legal implication of Zane related with unlawful homicide, under the crimesact 1900 (NSW).RULES RELATED WITH CRIMINAL LAWHomicide: homicide defines unlawful killing of a person. The definition of Homicide isdefines differently in each state or territory of Australia. Each jurisdiction defines the culpability,1
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