Professional Legal Skills: Case Study of Rv Masters Legal Submission

This report provides a detailed analysis of a legal submission concerning the case of Rv Masters, a criminal case involving the death of a musician. The submission, presented on behalf of Dr. Masters, the defendant, challenges the guilty verdict of murder by gross negligence. The report outlines the skeletal argument, including a summary of the case, grounds of appeal (incorrect direction to the jury on intent and the victim's act breaking the chain of causation), and relevant legislation such as the Human Rights Act and the Misuse of Drugs Act. It explores the application of the Actus reus and Men rea doctrines, the issues surrounding the victim's self-injection, and the arguments regarding causation and intent. The report also examines the relevant sections of the Offences Against the Person Act and the Criminal Law Act, concluding that Dr. Masters is not guilty of murder, as the victim's actions led to his death.

Professional Legal
Skills

TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
PART A...........................................................................................................................................3
Skeletal summary of legal submission ......................................................................................3
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
Professional legal skills can be defined as the knowledge about the different laws
prevailing in the country. It is required by legal professional to learn about reviewing as well as
assimilating the large amount of information effectively as well as efficiently. Legal, logical
reasoning and analytical skills includes the development of the logical thinking as well as
improving the problem solving ability1. In addition to this, an individual who want to pursue
career in law need to posses an effective oral as well as written communication skills. They are
also required to have knowledge about the substantive legislation as well as legal procedures. In
addition to this, lawyers should posses Mooting as well as advocacy skills which can help them
in improving their professional practices 2.
The report will include the summary of legal submissions which will be presented in
moot.
PART A
Skeletal summary of legal submission
A properly drafted skeleton argument for hearing consists of number of elements which
are :
Summary of case study
The summary is about the case study of Rv masters. It is basically a criminal case. The
case has been all about the death of popular musician Jack Benson. It has been summarized from
the case study that Jack had faced the health issues. During the time of illness at the later stage of
life He was completely dependent on an experienced doctor named Dr. Masters. It has been
found from the given case scenario that Jack was suffering from pain as well as hallucinations.
Mr. Jack used to give Jack approx. 50 ml dose of injection on routine basis. Stock of injections
was stored in the Jack house Locked in Cabinet and key of the same is hold by the Dr master
only. It has been found from the case study that within 12 months there had been positive
improvement in the Health of Mr jack. Due to huge expenditure on treatment of illness Jack
became persistently pursued by creditors and there has been increase in the threat of bankruptcy.
1 Economides, K., 2018. Cynical legal studies. Educating for justice: social values and legal
education.
2 Haigh, R., 2018. Legal English. Routledge

Considering the improvement in the health of Jack , MR masters has decided to reduce the
dosage of the injections.
An appeal: It has been appeal made by the Evans J in front of Jury that they must find Mr .
Masters to be as guilty of murder. The another appeal is made by the Dr Masters that the
direction given by Evan to Jury is incorrect. Mr. Masters also stated that victim’s own free and
deliberate act of self-injection broke the chain of
Causation.
The case is all about the death of popular singer MR jack. Media and other people
consider to be as case of murder. As they believe that Jack would not have died if MR Masters
had provided him with the proper dosage of drug as well as injection on time.
This the skeleton argument presented on behalf of Dr. Masters who is defendant in the
case.
1. This is an appeal by Mr Master (defendant ) against the guilty of murder under Human
right and Misuse of drug act.
Grounds of appeal
2. There are two grounds of appeals :
That the direction to the jury on intent was incorrect.
That the victim’s own free and deliberate act of self-injection broke the chain of causation.
The direction to the jury on intent was incorrect.
3. Application Bundle:
4. Draft offenses against the personal bill. According to the section 19. an individual who
has voluntarily consumed the over dosage of the medicine or taken the injections at any
material time is required to be treated as they are aware about the risk of consuming
additional dosage of drugs.
5. According to the Human right act of EU convention, provides people with a criminal
offense right to be innocent until and Unless proven to be guilty. Reversing the burden of
proof is recognized to be as statutory provision which intends to seek burden of proof on
defends presents difficulties 3.
3 Westaby, C. and Jones, E., 2018.

6. As per the article 5 (4) as well as section 28 in Misuse of Drugs act, a defendant charge
with the possession for controlling the drug is required to prove the specific and logical
facts which will help them in proving them innocent. Lawyer who is acting on the behalf
of defendant that is MR masters need to read the Article 6(2) under the Misuse of drug
act in order to prove defendant as innocent. Legal system in United Kingdom require
proper evidence as well as justification for proving an individual to be as an innocent in
specific case 4.
7. According top the article 2 under the criminal law states that right to life is not violated
in cases or situation where death of person results from utilization of force by state
which was not more than required for preventing the another suffering by individual. In
context of Rv masters, Dr. Masters have refused to provide extra dosage of injection to
Jack in order to prevent him from other kinds of suffering. In addition to this, Masters has
included two additional drugs in the treatment of Mr jack in order to help in recovering
from the disease name insomnia. Present domestic legislation enables the utilization of
lethal force by way of self defense which also includes the defense as well as safety of
other.
8. Inappropriate sections applied to the case
Reading lists: Analysis of the Draft offenses against personal bill.
There are the various sections in the person bill which can be applied to case of Rv
masters these are clauses 21 as well as 35 of LC 218. The clause 19. Highlights the few
exceptions related to the recklessness which is included in the Clause 14.
9. According to the clause 19. in the Personal bill which states that an individual those who
have taken over dosage of drugs or injections can be considered to be as aware about the
risk associated with their act.
10. According to the house of lord and European convention of human right act, negligence
can be considered to be as gross in case when it is so culpable as to warrant the epithet
criminal. There has been argument related to whether breach of duty by an individual can
be considered to be as gross negligence. Some lawyers perceive that gross negligence is
totally based on the seriousness of breach of duty committed by defendant in all
situations. In context of present case study of Rv masters, it is required by jury to
4 Turner, J., Bone, A. and Ashton, J., 2018

consider extend up to which defendant that is MR.Master has not followed the standards
while providing the treatment as well as care to Jack. In context of present case study of
Rv masters , any negligence is not done by doctor.
List of issues: The main issue in context of case is that Mr. Master is blame for
murdering the Jack. But the fact is that root cause of Jack death is his own negligence. There is
an issue when it comes to the doctrine of Actus reus anmd men rea. On the basis doctrine of
Actus reus anmd men rea it can be argued that Mr. Masters did not intend to kill Jack. Purpose of
the doctor was to help Jack in improving his health and to assist him in reducing the pain. The
other issue which has been found in the case of Rv masters is that appeal has been made against
the conviction of killing by gross negligence 5. DR. master has been claimed to be as murderer
as claimant perceives that the gross negligence in the treatment by doctor has lead to the death
of Jack.
11. The victim’s own free and deliberate act of self-injection broke the chain of causation.
Causes of action : Due to reduction in the dosage of injection , Jack began to suffer from
insomnia. He asks doctor to increase the dosage of injection but Mr master refused. In addition
to this, Doctor has added two new drugs into treatment.
It has been found from the case study that being instructed by doctor Jack has taken the
double dose of injection which lead to death of him. After the postmortem, it has been found
that the cause of death was cardiac arrest which has taken place due to the overdose of drugs.
Undisputed
medical evidence confirms that this dosage was almost certain to cause a cardiac arrest.
The law: The different legislation applicable to the case are :
 Criminal appeal act
 Criminal justice act
 Criminal law act
 Of fences against person act (c.100). Sec. 18
 Of fences against person act (c.100). Sec. 20
 Of fences against person act (c.100). Sec. 47
 Police act (c.48). Sec. 51
5 Foster, S., 2018. Legal Writing Skills. Pearson UK.

 Prevention of offenses act
 Human right act
 Misuse of drug act
Submission : It is submitted by Mr. masters that the direction provided by Evan to the Jury
related to the cause of Jack death was incorrect according to the fact that they closely resembled
the terminology used for involuntary over dosage of drugs or injection were therefore unduly
restrictive.
12. Voluntary over dosage of medicines as well as injections by Jack is not a defense on
behalf of defendant in context of criminal cases. Therefore, it can be argued that where it
is voluntary over dosage of medicine as well as medicines by Victim, Jack himself is
responsible for his own actions which has been proposed that according to the draft of
offenses against the section 19 in person bill 6.
13. It is required by the Judge in the court to follow the example of other law suits of similar
nature. The other argument or supporting the defendant is that according to the criminal
law in UK murder is basically a situation when well mentally sound person unlawfully
kill other person intentionally due to some specific reason. I
14. n addition to this, as per criminal legislation in UK and doctrine of Actus reus anmd men
rea claim of murder require evidence that the defendant legally caused the death of victim
that is Jack which is to be present ed by claimant in the court 7. If in case the death is
caused due to the drugs that is lorazepam and midazolam is included in the treatment of
Mr Jack with the intention to help him in recovering from insomnia., therefore, it can not
be considered to be as murder. The other argument is related to the domestic law of
defense as well as convention. EHRR 97 which is a part of Article 2 states that agent of
the states can utilize lethal force where they honestly believes that action taken by an
individual; is for good reason 8. In context of present case study of Rv masters, Dr . Mster
has refused to given injection in order to prevent Jack from other sufferings. In addition
to this, Master has informed about the Key location to Jack considering the extreme
6 Bosworth, M., Parmar, A. and Vázquez, Y. eds., 2018. Race, criminal justice, and
migration control: Enforcing the boundaries of belonging. Oxford University Press.
7
8 Ambos, K., 2018. European criminal law. Cambridge University Press.

health issue faced by him 9. According to the article 7 in criminal law of UK, no
individual should be held guilty of any criminal offense on account of any act which is
not a crime under the law.
Response: response in context of above case scenario is that jury returned a unanimous verdict
of guilty.
Conclusion
It has been found from the above case study that Mr. jack death was a virtual Uncertainty
of his own actions. The other thing which has been found that being provided by clear
instruction, Jack took the over dosage of Injections as well as drugs which has cause death. It has
been concluded from the case study that Mr. Master is not a criminal. The other thing which has
been summarized from the above is that mercy killings is not a defense to a charge of murder.
CONCLUSION
It has been concluded from the report that depth knowledge about the laws prevailing in
the country is very much important in order to avoid legal obligation. The other fact which has
been found during the study is that a professional lawyer are required to have the depth
knowledge about the sections related to the different laws. In addition to this, lawyers is also
required top posses the logical reasoning, analytical and problem solving skills which are very
much essential in order to manage as well as deal with law suits of different nature.
9 Carrera, S., Mitsilegas, V., Stefan, M. and Giuffrida, F., 2018. Criminal Justice and Police
Cooperation between the EU and the UK after Brexit: Towards a principled and trust-
based partnership. Criminal Justice.

REFERENCES
Books and Journals:
Economides, K., 2018. Cynical legal studies. Educating for justice: social values and legal
education.
Haigh, R., 2018. Legal English. Routledge.
Crocker, A.D., 2018. Facing the challenge of improving the legal writing skills of educationally
disadvantaged law students in a South African law school. Potchefstroom Electronic Law
Journal/Potchefstroomse Elektroniese Regsblad, 21(1).
Westaby, C. and Jones, E., 2018. Empathy: an essential element of legal practice or ‘never the
twain shall meet’?. International Journal of the Legal Profession, 25(1), pp.107-124.
Turner, J., Bone, A. and Ashton, J., 2018. Reasons why law students should have access to
learning law through a skills-based approach. The Law Teacher, 52(1), pp.1-16.
Foster, S., 2018. Legal Writing Skills. Pearson UK.
Carrera, S., Mitsilegas, V., Stefan, M. and Giuffrida, F., 2018. Criminal Justice and Police
Cooperation between the EU and the UK after Brexit: Towards a principled and trust-
based partnership. Criminal Justice.
Ambos, K., 2018. European criminal law. Cambridge University Press.
Bosworth, M., Parmar, A. and Vázquez, Y. eds., 2018. Race, criminal justice, and migration
control: Enforcing the boundaries of belonging. Oxford University Press.
ONLINE:
How to write a Skeleton Argument for Court. 2019.[Online]. Available through
:<https://hallellis.co.uk/blog/write-skeleton-argument/>.