Criminal Liability for Murder
VerifiedAdded on 2022/12/07
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This article discusses the criminal liability for murder in relation to each of the defendants in a case study. It explains the elements of murder, the potential defenses, and provides relevant case examples. The article emphasizes the seriousness of murder as a crime and its legal consequences.
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Criminal-law
INTRODUCTION...........................................................................................................................4
MAIN BODY..................................................................................................................................4
Discuss the criminal liability for murder in relation to each of the defendants...........................4
CONCLUSION................................................................................................................................5
REFRENCES...................................................................................................................................6
MAIN BODY..................................................................................................................................4
Discuss the criminal liability for murder in relation to each of the defendants...........................4
CONCLUSION................................................................................................................................5
REFRENCES...................................................................................................................................6
INTRODUCTION
Criminal laws are the laws that is been used in order to manage crime existing within
society. These laws have been formed over maintaining peace and order within society. Criminal
laws make cover various aspects which have been formed over punishing criminals within
society. Such laws have been formed in relation over legislation passed by government of
country. Also these laws make various kinds of criminal activities cured in more impactful
manner. Criminal laws are wider in scope and cover all laws which deal upon crime and varius
elements related to it. This file is based upon criminal law and the topic to be discussed is
murder. In this a case study is given.
MAIN BODY
Case Study: David and Eugene leave the Flames night club but are still angry with the
earlier altercation with Benjamin and Chris, so they decide to go outside and wait for them to
teach them a lesson. As Benjamin and Chris approach them, Eugene pulls a flick knife from his
pocket and waves it in Chris’s face. Chris says “I’m not scared of you, you idiot” at which
Eugene lashes out and stabs Chris in the leg, severing an artery. Whilst this commotion is
happening David approaches Benjamin and pushes him so hard that he falls and hits his head on
the pavement. An ambulance is called and Benjamin and Chris are taken to hospital. When in the
hospital, Chris refuses stitches in his leg because the nurse is a woman and “women are
completely useless, no woman is going to stitch me up”. He bleeds to death as a result of this
refusal. Benjamin receives treatment for a bruise on his head but suffers an allergic reaction to a
drug provided by Dr Anthony, a junior doctor and dies. David and Eugene are both charged with
the murder.
Discuss the criminal liability for murder in relation to each of the defendants.
The law of murder is based upon common law principles which has been defined as
unlawful killing of a human being by another human being with malice included within it. Under
it actus reus of murder is related with unlawful killing of a human being and mens rea is murder
through malice which means intention to kill or cause grievous hurt. Murder convict is been
punished with ,life imprisonment or life sentence. In this judge passes sentence and punishment
is given accordingly. There exist three partial defenses to murder which may reduce the
conviction to voluntary manslaughter which carries a maximum sentence of life and thus allows
the judge discretion on sentencing (Hurd, 2018). These partial defenses are contained in the
Homicide Act 1957 and consist of diminished responsibility, provocation and suicide pact.
Relevant cases to the above scenario are R v Dr Bodkins Adams in this case Dr Bodkins had
Criminal laws are the laws that is been used in order to manage crime existing within
society. These laws have been formed over maintaining peace and order within society. Criminal
laws make cover various aspects which have been formed over punishing criminals within
society. Such laws have been formed in relation over legislation passed by government of
country. Also these laws make various kinds of criminal activities cured in more impactful
manner. Criminal laws are wider in scope and cover all laws which deal upon crime and varius
elements related to it. This file is based upon criminal law and the topic to be discussed is
murder. In this a case study is given.
MAIN BODY
Case Study: David and Eugene leave the Flames night club but are still angry with the
earlier altercation with Benjamin and Chris, so they decide to go outside and wait for them to
teach them a lesson. As Benjamin and Chris approach them, Eugene pulls a flick knife from his
pocket and waves it in Chris’s face. Chris says “I’m not scared of you, you idiot” at which
Eugene lashes out and stabs Chris in the leg, severing an artery. Whilst this commotion is
happening David approaches Benjamin and pushes him so hard that he falls and hits his head on
the pavement. An ambulance is called and Benjamin and Chris are taken to hospital. When in the
hospital, Chris refuses stitches in his leg because the nurse is a woman and “women are
completely useless, no woman is going to stitch me up”. He bleeds to death as a result of this
refusal. Benjamin receives treatment for a bruise on his head but suffers an allergic reaction to a
drug provided by Dr Anthony, a junior doctor and dies. David and Eugene are both charged with
the murder.
Discuss the criminal liability for murder in relation to each of the defendants.
The law of murder is based upon common law principles which has been defined as
unlawful killing of a human being by another human being with malice included within it. Under
it actus reus of murder is related with unlawful killing of a human being and mens rea is murder
through malice which means intention to kill or cause grievous hurt. Murder convict is been
punished with ,life imprisonment or life sentence. In this judge passes sentence and punishment
is given accordingly. There exist three partial defenses to murder which may reduce the
conviction to voluntary manslaughter which carries a maximum sentence of life and thus allows
the judge discretion on sentencing (Hurd, 2018). These partial defenses are contained in the
Homicide Act 1957 and consist of diminished responsibility, provocation and suicide pact.
Relevant cases to the above scenario are R v Dr Bodkins Adams in this case Dr Bodkins had
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administered a lethal dose of pain killers to a terminally ill patient. Court held Dr Bodkins was
acquitted of murder. Another case is R v Inglis in this case appellant has been making appeal
against conviction of murder done to her son Thomas. In this case Thomas has suffered from
serious injury and fallen from ambulance also. The he undergone over life saving surgery that
removed part of skull and resulted in causing severe injury regarding facial disfigurement. He
become in vegetative satete were hopefully made recovery. In this appellant was convicted that
his stage is vegetative and it is permanent. She became obsessive and believed he was in pain
and wanted to end his suffering. She injected him with a lethal dose of heroin with the intention
to kill. She appealed against her conviction. Court held conviction liable for the act done by then.
These case has justified that murder is crime within the eyes of law and has been
considered as heinous in nature. Murder is one of the most furious crimes which is committed by
an individual to another individual. In the above case it is observed that murder has been
committed with the intention to harm another person. The case is based upon murder that is
taken place. Also I the scenario unlawful killing of person have taken place which is the actut rea
of murder or its element. Then motive was malice in nature so mens rea act of omission is been
proved(Mingkai and Wenjing, 2020).
CONCLUSION
Fromm the above discussion it can be concluded that criminal laws are those rules and
regulations formed in order to maintain balance within society. Also the laws have been used in
order to control crime within society. Such laws are wider scope and have dynamic nature. The
file is based upon murder which is based over unlawfull killing of person and involves malice
within it. Then cases have been given to justify murder as crime. In them end connected with the
case scenario.
acquitted of murder. Another case is R v Inglis in this case appellant has been making appeal
against conviction of murder done to her son Thomas. In this case Thomas has suffered from
serious injury and fallen from ambulance also. The he undergone over life saving surgery that
removed part of skull and resulted in causing severe injury regarding facial disfigurement. He
become in vegetative satete were hopefully made recovery. In this appellant was convicted that
his stage is vegetative and it is permanent. She became obsessive and believed he was in pain
and wanted to end his suffering. She injected him with a lethal dose of heroin with the intention
to kill. She appealed against her conviction. Court held conviction liable for the act done by then.
These case has justified that murder is crime within the eyes of law and has been
considered as heinous in nature. Murder is one of the most furious crimes which is committed by
an individual to another individual. In the above case it is observed that murder has been
committed with the intention to harm another person. The case is based upon murder that is
taken place. Also I the scenario unlawful killing of person have taken place which is the actut rea
of murder or its element. Then motive was malice in nature so mens rea act of omission is been
proved(Mingkai and Wenjing, 2020).
CONCLUSION
Fromm the above discussion it can be concluded that criminal laws are those rules and
regulations formed in order to maintain balance within society. Also the laws have been used in
order to control crime within society. Such laws are wider scope and have dynamic nature. The
file is based upon murder which is based over unlawfull killing of person and involves malice
within it. Then cases have been given to justify murder as crime. In them end connected with the
case scenario.
REFRENCES
Books and Journals
Boister, N., 2017. Responding to transnational crime: the distinguishing features of transnational
criminal law. In Legal Responses to Transnational and International Crimes. Edward
Elgar Publishing.
Butt, S., 2020. Aceh and Islamic criminal law in the courts. In Crime and Punishment in
Indonesia (pp. 535-558). Routledge.
Chukin, S., 2019. Criminal Law between crime and punishment Reflections on the book of SA
Bochkarev Philosophy of Criminal Law: statement of question. Gosudarstvo i pravo,
(10), pp.43-48.
Devlin, L., 2020. Mental Abnormality and the Criminal Law. In Changing Legal Objectives (pp.
71-86). University of Toronto Press.
Hurd, H.M., 2018. Paternalism and the criminal law. In The Routledge Handbook of the
Philosophy of Paternalism (pp. 277-292). Routledge.
Mingkai, Z. and Wenjing, W., 2020. Criminal law protection of virtual property in China. In
Artificial Intelligence and the Law (pp. 97-125). Routledge.
Renwen, L., 2019. Criminal law understanding of destroying production and management in the
internet age. Law Science Magazine, 40(5), pp.45-86.
Sorial, S., 2019. Emotions and the criminal law: Anger and the defence of provocation. In
Emotions in Late Modernity (pp. 129-141). Routledge.
Thammaboosadee, S., Kiattisin, S., Darakorn, S. and Watanapa, B., 2017. Sentence identification
system based on criminal law ontology. International Review of Law, Computers &
Technology, 31(3), pp.308-322.
Books and Journals
Boister, N., 2017. Responding to transnational crime: the distinguishing features of transnational
criminal law. In Legal Responses to Transnational and International Crimes. Edward
Elgar Publishing.
Butt, S., 2020. Aceh and Islamic criminal law in the courts. In Crime and Punishment in
Indonesia (pp. 535-558). Routledge.
Chukin, S., 2019. Criminal Law between crime and punishment Reflections on the book of SA
Bochkarev Philosophy of Criminal Law: statement of question. Gosudarstvo i pravo,
(10), pp.43-48.
Devlin, L., 2020. Mental Abnormality and the Criminal Law. In Changing Legal Objectives (pp.
71-86). University of Toronto Press.
Hurd, H.M., 2018. Paternalism and the criminal law. In The Routledge Handbook of the
Philosophy of Paternalism (pp. 277-292). Routledge.
Mingkai, Z. and Wenjing, W., 2020. Criminal law protection of virtual property in China. In
Artificial Intelligence and the Law (pp. 97-125). Routledge.
Renwen, L., 2019. Criminal law understanding of destroying production and management in the
internet age. Law Science Magazine, 40(5), pp.45-86.
Sorial, S., 2019. Emotions and the criminal law: Anger and the defence of provocation. In
Emotions in Late Modernity (pp. 129-141). Routledge.
Thammaboosadee, S., Kiattisin, S., Darakorn, S. and Watanapa, B., 2017. Sentence identification
system based on criminal law ontology. International Review of Law, Computers &
Technology, 31(3), pp.308-322.
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