Professional Skills: Detailed Analysis of the R V Master Case

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This report provides a detailed analysis of the R V Master case, focusing on the legal arguments, grounds of appeal, and professional skills demonstrated throughout the case. The report begins with an introduction to the case, outlining the background of the events, including the death of pop singer Jack Benson and the involvement of Dr. Master. It then delves into the skeletal summary, the authorities and documents relied upon, and the grounds of appeal presented by both sides. Key legal concepts such as intent, causation, and the application of the Human Rights Act are discussed. The report also examines the submissions made by Mr. Master and the arguments presented by the defense. The analysis considers the issues of negligence, voluntary overdose, and the application of various criminal law acts. The conclusion summarizes the findings, emphasizing the importance of legal knowledge and problem-solving skills. The report highlights the complexities of the case and the role of professional skills in navigating legal obligations. The report provides a comprehensive overview of the case, including the legal principles and the practical application of professional skills within the context of the R V Master case.
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Professional skills
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Table of Contents
INTRODUCTION...........................................................................................................................1
Skeletal summary........................................................................................................................1
Authorities/Documents relied upon............................................................................................2
Grounds of appeal.......................................................................................................................2
Background.................................................................................................................................4
Submissions.................................................................................................................................4
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7
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INTRODUCTION
Professional skills defined by having the depth knowledge of sections related to different
laws. There are some skills that develop the logical thinking like legal, analytical and logical.
These skills include the development of logical thinking and also improve the problem solving
and decision-making ability. This study will cover and shows the summary of legislation and
legal submission that will be presented in moot. In addition an individual and person who wants
to make career in law they need to have an effective oral and written communications skills.
Skeletal summary
This summary is based upon the case study of RV master. This case is about the death of
popular pop singer Jack Benson. It has summarised from the case that Jack was facing health
issues. At the end stage of his illness he was depended on DR master who was experienced and
famous in his field. Jack was suffering from a disease called hallucinations. For recovering him
from this disease Dr. master used to give 50 ml dose of injection to Jack. Stock of their injections
and medicines was stored and locked in Jack house and the key of that lock was hold by the Dr.
master only. Within 12 months it had been noticed that Jack's health is improving by the
treatment of Dr. master. By seeing the improvement in the health of Jack, Dr decided to f reduce
the dose of injection. Due to heavy expenditures on treatment and medicines, Jack became
persistently pursued by creditors and it was chances to become bankrupt.
An appeal: Evans J m1ade an appeal in front of jury that they must find Dr master to be guilty
of murder. The opposition appeal is made by Dr master that he is not murder and the instruction
which Evan gave to jury is not correct.
It is the case of death but the Media, reporter and the fan of singer Jack has considered
this case as murder. They believed that jack died because Dr. master did not give him proper
dose of injections so it is a murder.
Dr. master is defendant and he wanted to prove himself right so he presented a skeleton
argument.
It is an appeal by Dr. master against the guilty of murder under Human right act.
1 Flood, J., 2019. Legal Professionals of the Future: Their Ethos, Role and Skills. Role
and Skills (January 15, 2019).
1
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Authorities/Documents relied upon
There are different legislations are included in this case such as:
Criminal law act
Criminal appeal act
Criminal justice act
Offence against person act (c.100 and section 18)
Offence against person act (c.100 and section 20)
human rights act
Misuse of drugs act
Police act according to section 51
prevention of offence act
Grounds of appeal
There were mainly 2 grounds of appeal
First is that the direction to the jury on intent was not correct.
Second is the victim's own deliberate act of self injection that broke the chain of causation.
The direction to the jury on intent was not correct
Application bundle:
1. It has been said according to section 19 that the person who has consumed and taken
voluntarily the over dose of medicines are required to be treated and he was aware about the risk
and accident of taking over dose of medicine.
2. Human right provides people an offence right in criminal cases that to be guiltless until
they have proven to be guilty.
3.According to the article 2 or under the criminal law the right is not violation in those
situations where a pers2on's death is happened from utilization of force. In this case of R V
master, Dr decided to reduce the dose of medicines or extra dose to Jack as Dr wanted to treat
him in better way and he did not want him to suffer from any other disease. Dr master also
included 2 another medicine in Jack's treatment as he wanted to treat him from the disease of
2 Stuckey, R., 2017. Best practices for legal education.
7 7 Nutt, D., 2015. Illegal drugs laws: Clearing a 50-year-old obstacle to
research. PLoS biology. 13(1). p.e1002047.
2
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insomnia as soon as possible. Domestic laws give the right to take and fight the case by taking
legal force.
4. According to section 28 and article 5 is related to misuse of drugs. According to this
act, a defendant charge that there is an requirement of controlling the drug in order to prove the
logical facts that can help them in proving guiltless or innocent. Mr. master is fighting a case on
the behalf of defendant Dr. master who need to read the article 6(2) which is related to misuse of
drug that will help them in proving Dr. master as innocent. It is very important for them to have
each and every knowledge of this section because legal system of UK need and require proper
and valid evidence for taking the right decision and also for proving innocent to the person.
Analysis of the draft offense against personal bill
There are several sections which can be applied in the criminal case of R V masters.
Some of the sections and clauses are clause 19, clause 21 and clauses 35. Clause 19 shows some
exception tha3t are related to carelessness.
According to clause 19 it shows and state that a person who has taken overdose and
incorrect dose of medicine can be considered that it should be aware about the risk
happens with this act.
According to the human rights and house of lord, avoidance and negligence of the risk
can be considered to be as gross. Or in another words, it has been argument that
disagreement and the breaking of laws by the person should be considered as negligence.
Some of the lawyers believes and state that avoidance is based on the seriousness of
disagreement and not to follow the rule and law of duty which is committed by Dr master
or defendant. In this case there is a requirement of jury to consider extended till which Dr
master did not follow the specific standards when he was providing the treatment to Jack
in order to cure him. In this study any type of negligence and avoidance should not be
done by doctor.
Issues:
The main issue in this study is that Dr. master was blamed for murdering the Jack who
was very popular musician. The fact and truth behind this case was that Jack got died because of
3 Ries, N.M., Johnston, B. and McCarthy, S., 2016. Legal Education and the Ageing
Population: Building Student Knowldedge and Skills through Experiential Learning in
Collaboration with Community Organisations. Adel. L. Rev., 37. p.495.
3
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his own actions and negligence of instructions which Dr. master gave him. According to the
doctrine of Actus reus and mens it can be argued that Mr. master said that he did not have
intention to kill Jack and their main purpose was to cure him and treat him in order tom improve
his health from suffering disease. He was trying to treat him as soon as possible. The another
main issue in this study is that R V master appeal against the conviction of killing by avoidance
and negligence. In this study Dr. master who was innocent but was claimed as murderer as
opponent and claimant states that Dr. master neglect the process of treatment which lead to the
death of Jack.
Causes of actions and victim's deliberate act of self injection broke the chain of causation
Background
The main reason of Jack disease of insomnia was reduction in the dosage of drugs or in
another words due to reduction in the dose of medicine, Jack was suffering from insomnia. For
getting rid of this disease Jack asked to Dr to increase the dose of medicine but Dr. master
refused to increase the dose. For solving this problem, Dr. added new 2 drugs which named
midazolam and lorazepan which is helpful in solving the problem related sleepiness and relieve
from anxiety.4
From the case study it has also been found that after proper instructing by Dr. master and
after denying to take over dose, Jack even after took the overdose or double dose which became
the reason of his death. It has been proved after from postmortem that the main reason of death
was cardiac arrest which happened due to consumption of over dose of medicines.
Submissions
This is submitted by Mr. master that the direction and informations which Evan gave and
provided to jury related to the cause and reason of Jack death was not correct as he terminology
used of involuntary over dose of drugs or medicines that is unduly restrictive and prohibit.
Over dose by an individual and voluntarily usage of medicines are not be considered and
not a defence on behalf of Dr. master in this criminal case. Three is an argument that it is
a voluntary over dose of drugs or it is medicines given by the victim. According to the
4 Chow, W. and Ng, M., 2015. Legal education without the law–lay clients as teachers
and assessors in communication skills. International Journal of the Legal
Profession. 22(1). pp.103-125.
4
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draft of offence and section 19 in present bill, Jack popular musician himself was
responsible for his death and his action.
There is a requirement for the judge of moot that to follow the same example from
another law and case that can be help them in solving this case and situation. The
opponent argument or the argument by the defendant side is that according to the same
criminal law of UK in which it says that murder is a situation where well sound and
healthy person unlawfully murdered or kill another person which was intentionally
because of some specific reason.
In order to this and according to the criminal law of United Kingdom , a person can
reclaim of murder if they require more specific reasons and evidence that the opponent
and defendant legally caused the death of a person who is Jack. He was presented in the
court by his claimant. If the death is caused by the drugs that is midazolam and lorazepan
which is injection that is used in sleepiness and dizziness which generally use for
reducing and treat anxiety, from which Jack was suffering, therefore it will not be
considered to be as murder because the intention was prevention from disease.
The other argument is related to the domestic law. According to the article 2 and EHRR
97 it states that a pers5on and agent of case can take lethal force in which they honestly
and strongly believe that action taken by his side and an individual will be for good
reason. In the present case study of R V masters, Dr. master refused and reduce the over
dose in order to prevent Jack from another diseases and another sufferings. In addition it
is also says that Dr master informed Jack about the location of key that can be consider
the extreme health issues faced by him.
According to the law of UK and article 7, no person should have guilt related to any
criminal offence that is not considered a crime under the law. Dr. master also did this and
another people like fans of Jack and Media was considering him a murderer that is why
he was feeling guilty .
In response according to the case study is that the jury was agreed and returned a unanimous
verdict of guilt.
5 Akashi, A. and et.al., 2016. The current situation of aggravated intoxication with"
kiken" drugs (law-evading drugs). Chudoku kenkyu: Chudoku Kenkyukai jun kikanshi=
The Japanese journal of toxicology. 29(1). pp.21-25.
5
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Conclusion of study
From the case study it has been founded that the death of Jack was uncertainty and was
due to his own carelessness actions. Dr. Master has provided the clear and proper instruction to
Jack about the consumption of dose but he took overdose of medicines or drugs which became
the reason of his death. From the case study it also has been concluded that Mr. master was not
criminal and the mercy killing is not a defence to a charge of murder and it will not consider as
murder.
CONCLUSION
From the above study it has been concluded that prevailing of laws in the country played
an important role for avoiding le6gal obligations. For getting successful and for proving innocent,
there is a need of professional lawyer who has the depth knowledge of different laws and
sections. They also required problem solving skills that is also played a part in order to deal with
different types of situations.
6 Williams, S. and Warf, B., 2016. Drugs, law, people, place and the state: ongoing
regulation, resistance and change. Space and Polity. 20(1). pp.1-9.
6
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REFERENCES
Books and journals
Flood, J., 2019. Legal Professionals of the Future: Their Ethos, Role and Skills. Role and Skills
(January 15, 2019).
Stuckey, R., 2017. Best practices for legal education.
Ries, N.M., Johnston, B. and McCarthy, S., 2016. Legal Education and the Ageing Population:
Building Student Knowldedge and Skills through Experiential Learning in
Collaboration with Community Organisations. Adel. L. Rev., 37. p.495.
Chow, W. and Ng, M., 2015. Legal education without the law–lay clients as teachers and
assessors in communication skills. International Journal of the Legal Profession. 22(1).
pp.103-125.
Akashi, A. and et.al., 2016. The current situation of aggravated intoxication with" kiken" drugs
(law-evading drugs). Chudoku kenkyu: Chudoku Kenkyukai jun kikanshi= The Japanese
journal of toxicology. 29(1). pp.21-25.
Williams, S. and Warf, B., 2016. Drugs, law, people, place and the state: ongoing regulation,
resistance and change. Space and Polity. 20(1). pp.1-9.
7
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Nutt, D., 2015. Illegal drugs laws: Clearing a 50-year-old obstacle to research. PLoS
biology. 13(1). p.e1002047.
8
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