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Criminal Liability and Recklessness in Law

   

Added on  2020-10-22

9 Pages2537 Words488 Views
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Criminal Liability and Recklessness in Law_1

Table of ContentsINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1QUESTION 1.........................................................................................................................1QUESTION 2.........................................................................................................................2QUESTION 3.........................................................................................................................3CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
Criminal Liability and Recklessness in Law_2

INTRODUCTIONCriminal law is found in every nation and each country have different system todetermine seriousness of offense and to the assign penalty for such criminal offenses. UK alsohave a separate law for criminal offenses. In the present report the criminal act done by Colinfounder of Millennium Awake commune is being assessed. For this the causation given by Colinis checked whether his contention is valid to be held or not. Nature of offense committed byColin is determined along with judgment given in case of R V G and another, 2003 thedevelopments of the treat of recklessness is being discussed.MAIN BODYQUESTION 1Fact: Colin has started a commune with his wife and five children, in order to expand thecommune he married again. With his dictatorship first wife wants to leave the commune with herchildren. Colin do not agree with this ides and to teach her a lesson set the house in which theylived on fire and planted all the evidence against her first wife. The fire get escalated due to windand fie brigade could not reach on time to set off the fire and this lead to death of 4 children fromfirst wife. Upon investigation it was found out that Colin started fire but he contented that wouldfire brigade have reached on time the fire would have been stooped and lives were saved.Issue: determination of the causation in this offence and whether Colin will succeed in hisdefence.Rule:Causation in criminal liability:This can be defined as determination and enquiring whether the conduct of the offerercaused harm or damage (Causation in criminal liability, 2018). In order to establish a crimecausation must be proved on behalf of offender. In criminal liability causation can be dividedinto factual and legal.Factual causation: this can be proved by applying the word “but for”test. In this the butfor is asked to the defender for his/her action, results would have occurred (Almond, 2015). Incase the answer comes to yes there is no applicability of factual causation and the defenderwould be automatically by sufficed from establishment of the causation.Legal causation: this must result in establishment of culpable mind of the offender.Here no need to prove that defendant was only the cause for the action. In this an occurrence of1
Criminal Liability and Recklessness in Law_3

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