Criminal Liability and Murder: A Case Study of Danna

This article discusses criminal liability and murder in the case study of Danna, who mistakenly stabs a person 60 times in the chest, thinking it was her abusive ex-husband. The article explains actus rea, mens rea, grievous hurt, murder, and manslaughter. It also provides relevant case laws and references.

Foundation Criminal Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
Discuss Danna’s criminal liability..............................................................................................3
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Criminal laws are the laws which provides framework in order to complete various
aspects which is based on criminal activities existing within society. These laws makes sure that
peace and order is maintained within society. These laws has been dealing over various aspects
that is related to crime and various elements related to it. Such laws develop guidelines and rules
which is been used for controlling crime through its various aspects. Criminal law helps in
targeting criminal factors within society which makes laws completed in more effective manner.
Criminal laws deals over matters related to murder, sexual assault, extortion and fraud. Scope of
these laws are wider as they cover various aspects of society within it. Nature is dynamic due to
its tendency over impacting functioning of society in relation over crime taking place. Further
the file covers about concept of criminal liability within criminal laws.
TASK
Case Study: In this case Danna has been recently managed to leave long abusive
relationship wit her ex-husband Peter and trying to start new life. She goes out for camping with
her new boyfriend, George and has taken her out of shelter over abused women and promise to
take care of her.1 During the first night of campaign they wake up with sound of some entering
tent. In Danna takes brief look and mistakes over person outside for Peter. She takes out knife
which is kept by her under bed and jumps towards him and stabs him 60 times in chest. The fact
was that person is actually Dan over person they met at camp and soon Danna realises this and
calls for ambulance. On way to hospital Dan is administered pain killer to which he is allergic
that leads over his death.
Discuss Danna’s criminal liability
Criminal liability are those kind of liability that is used in order to prove criminal
offences committed by an individual. These liability occurs when an act of criminal nature is
been committed which leads over server bodily injuries or causing death of the person. 2There
1 Witmer-Rich J, 'It’S Good To Be Autonomous: Prospective Consent, Retrospective
Consent, And The Foundation Of Consent In The Criminal Law' (2016) 5 Criminal Law and
Philosophy
2 Seong-Don Kim, 'The Role Of The Criminal Law, The Limitations Of The Criminal Law,
And The Leviathan Criminal Law' (2016) 28 Journal of Criminal Law

are certain elements that is used for justifying criminal liability that is actus rea and mens rea. In
actus rea only motive behind the crime is seen whereas on mens rea intention of committing
crime is been observed through facts analysis. The purpose of criminal liability is to make the
offender identified over harm that is been committed through an individual.3 Through this guilt is
been defined with punishment and fines. Also in criminal liability all kinds of criminal factors is
discovered. Under criminal laws one of the major issues is been covered within criminal liability
and also such liabilities justifies about elements leading over making crimes committed within
society. Also criminal liability in simple, words makes prime suspect identified over act of
omission. In this case it can be marked out that criminal liability of murder exists over Danna as
she stabbed the person which caused grievous hurt and lead over murder with manslaughter. In
this case both motive and intention was to kill the person thus it amounts to grievous hurt,
murder and manslaughter. 4Grievous hurt is that kind of hurt which is been committed in order to
endanger life of an individual causing suffer from sever bodily pain and bodily injury. Murder its
is that kind of offence within which an person with the intention to kill another person.
Manslaughter is the offence which is committed over causing death of person. In the offence of
grievous hurt or wounding is found within two separate sections of offences against the person.
GBH means bodily harm and punishment regarding it is explained within section 20 which says
that for such offence maximum penalty is of 5 years imprisonment which can extend over 25
years. In this common element over the two offences is based upon identification of elements
related over crime. The main difference over section 18 and section 20 is based over mens rea.
Further the law of murder is based over common law and means those unlawful killing of
humans with malice involved over such crimes. The actus reus of murder consists of the
unlawful killing of a human being in the Queen's peace. The mens rea of murder is malice
aforethought, which has been interpreted by the courts as meaning intention to kill or intention to
cause GBH. The conviction of murder is been punished with life imprisonment or life sentenced.
3 Seiler L, 'Book Review: European Federal Criminal Law, The Federal Dimension Of The
EU Criminal Law' (2016) 7 New Journal of European Criminal Law
4 Luef-Kölbl H, 'Developing Tendencies Of Criminal Law And Criminal Procedural Law In
Austria' (2016) 2 European Criminal Law Review

In this judges cannot pass less sentences only after analysing the facts and intention of the person
committing such crime. There exists three partial defences over murder that helps over reducing
sentences of murder and voluntary manslaughter allowing judges discretion over sentencing.
Such defences is been provided within Homicide Act 1957 and diminish responsibility. The
actus reus of murder is based over unlawful killing of humans. This means committing of act
over omission. The above case scenario shows that Danna has committed unlawful killing by
stabbing the person 60 times in chest of peter. This amounts to murder and grievous hurt.
Relevant case law related to this is Rance v Mid Downes Health Authority the claimant had
pregnancy scan when she was 26 weeks pregnant and radiographer suspected abnormality and
marked her notes with ''F-Spine". 5The note was scanned by consultant and took no further action
as there was no firm evidence of an abnormality. The baby was born and had spina bifida. The
claimant content that Health Authority was negligent in not identifying the abnormality and had
deprived her of the option to terminate the pregnancy. 6Such negligence was denied by the
authority and denied negligence over any event termination which is unlawful at this stage
within pregnancy. In this case court held that foetus is been protected by the act where it has
reached a stage within its development where it is capable over living an breathing through lungs
without any connection to its mother. This is been followed that defendant was not negligence
within falling over disclose over abnormality at scan. R v Malcherek and steel in this two
septate appeals were heard together. Further the case Malcherek defendant have stabbed his wife
and in steel defendant was accused over sexual assault and beating a women over the head with
stone. Further the case victims is been taking hospital and place over life support machines. The
doctors later switched off the machine since both victims does not shown any movement within
brain stream. The defendant sought over arguing that action of doctor caused death of person. In
this case court held that test death over brain stem has died which makes clear that victims were
dead before switching the machine and thus death cause is not murder.
5 Matera C, 'Book Review: Limits To EU Powers. A Case Study Of EU Regulatory
Criminal Law' (2019) 10 New Journal of European Criminal Law
6 Suominen A, 'The Characteristics Of Nordic Criminal Law In The Setting Of EU
Criminal Law' (2020) 1 European Criminal Law Review

These case makes justification provided over the criminal liability of murder that is an
heinous offence within the eyes of law. The cases mentioned above justifies that scenario murder
is dependent over facts with issues to be analysed. The above case scenario intention was to kill
the person which give rise to malic and mens rea which makes murder as criminality justified
over Danna. Also criminal liability is been justified with the help of case law that has been
explained above.
CONCLUSION
From the above discussion it can be concluded that criminal laws are the laws which is
been used in order to develop framework that makes crimes to be identified in more effective
way. This makes various elements related over crime which is been developed. Also in this file
concept of criminal liability is covered which amounts upon identifying criminals or person
liable over crime. Then in this three main criminal offences is covered that is based upon
murder , voluntary man slaughter and grievous hurt. Then in this file various kinds of cases is
discovered which helps in justifying the given case scenario.

REFERENCES
Books and Journals
Witmer-Rich J, 'It’S Good To Be Autonomous: Prospective Consent, Retrospective Consent,
And The Foundation Of Consent In The Criminal Law' (2016) 5 Criminal Law and Philosophy
Seiler L, 'Book Review: European Federal Criminal Law, The Federal Dimension Of The EU
Criminal Law' (2016) 7 New Journal of European Criminal Law
Matera C, 'Book Review: Limits To EU Powers. A Case Study Of EU Regulatory Criminal Law'
(2019) 10 New Journal of European Criminal Law
Suominen A, 'The Characteristics Of Nordic Criminal Law In The Setting Of EU Criminal Law'
(2020) 1 European Criminal Law Review
Luef-Kölbl H, 'Developing Tendencies Of Criminal Law And Criminal Procedural Law In
Austria' (2016) 2 European Criminal Law Review
Seong-Don Kim, 'The Role Of The Criminal Law, The Limitations Of The Criminal Law, And
The Leviathan Criminal Law' (2016) 28 Journal of Criminal Law
Brown D, 'History’S Challenge To Criminal Law Theory' (2021) 3 Criminal Law and Philosophy
Cohen M, 'Developments In Criminal Law And Criminal Justice' (2020) 4 Criminal Law Forum
Seong-Don Kim, 'The Role Of The Criminal Law, The Limitations Of The Criminal Law, And
The Leviathan Criminal Law' (2021) 28 Journal of Criminal Law