Case Study: Criminal Law Analysis and Offences Against the Person

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Case Study
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This case study examines a criminal law case, focusing on the analysis of a judgement related to the Offences Against the Person Act 1861. The study delves into the specifics of the case, including the defendant's actions, the legal implications, and the resulting judgement. It considers the intent of the defendant, specifically whether the actions constituted murder or reckless behaviour. References to legal precedents such as R v Cunningham are provided to support the analysis. The case study also discusses the defendant's liability under the law, the role of the police, and the potential for punishment. Furthermore, it explores the concept of 'malice aforethought' and how it relates to the case, along with the importance of considering whether the defendant foresaw the consequences of their actions. The assignment provides insights into how the defendant is liable for his actions. The study uses books, journals and online resources to support the analysis.
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Table of Contents
JUDGEMENT:................................................................................................................................3
REFERENCES................................................................................................................................4
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JUDGEMENT:
In this case, by reflecting the situation, the actual decision raised regarding not
committing such activity to cause harm to his mother-in-law. As the activity was committed in
respect of recklessly infringing the money from the meter which results in spreading the
poisonous gases from the meter1. Thus, the intention of committing murder is not found in this
case as this activity is committed under the reckless action which is undertaken in respect of
infringing money for their personal use. But under section 23 of the offences against the person
act, 1861, he is liable to be punishable under the offences which he committed in respect of
stealing money from the house2. As police office carry the right to detect any person and present
him to the court for punishing him for the offences committed. In this, the judgement is raised in
respect of maliciously undertaking the activity after knowing the facts that it affects the right of
the person or causing any injury which results in undertaking the matters of murder. Thus, the
matters is also raised in respect of foreseen the activity, that by committing such activity
resulting in causing harm to any person or doing illegal activity which is punishable in terms of
law3.
The judgment which is raised from these aspects is relating to that the Neil is liable for
reckless activity which they committed by realizing the facts that it affects the right of his
mother-in-law4. Thus, under section 23 of the offences against the person act, 1861, he is
punishable for the offences which he committed in respect of committing murder5.
1 Boister, Neil. An introduction to transnational criminal law. Oxford University Press,
2018.
2 Hossain, Mohammad Belayet, and Saida Talukder Rahi. "Murder: A Critical Analysis of
the Common Law Definition." Beijing L. Rev. 9 (2018): 460.
3 Reed, Alan, and Michael Bohlander, eds. Homicide in Criminal Law: A Research
Companion. Routledge, 2018.
4 R v Cunningham [1957] 2 QB 396[1]. 2020. [Online]. Available through:
<https://lucidlaw.co.uk/criminal-law/homicide-murder/with-malice-aforethought/r-v-
cunningham/>.
5 Loveless, Janet, Mischa Allen, and Caroline Derry. Complete criminal law: text, cases,
and materials. Oxford University Press, 2018.
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REFERENCES
Books and Journals
Boister, Neil. An introduction to transnational criminal law. Oxford University Press, 2018.
Hossain, Mohammad Belayet, and Saida Talukder Rahi. "Murder: A Critical Analysis of the
Common Law Definition." Beijing L. Rev. 9 (2018): 460.
Loveless, Janet, Mischa Allen, and Caroline Derry. Complete criminal law: text, cases, and
materials. Oxford University Press, 2018.
Reed, Alan, and Michael Bohlander, eds. Homicide in Criminal Law: A Research Companion.
Routledge, 2018.
Online
R v Cunningham [1957] 2 QB 396[1]. 2020. [Online]. Available through:
<https://lucidlaw.co.uk/criminal-law/homicide-murder/with-malice-aforethought/r-v-
cunningham/>.
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