This website uses cookies to ensure you have the best experience. Learn more

Unlawful Homicide Essay

2830 words - 12 pages

Liability for Alice's Death

I am asked to advise in relation to the death of Alice, as it appears that Noah may have contributed significantly to this death. According to the facts, the death of Alice appears to have been caused by the events preceding Noah leaving the vessel in the life raft. The question is whether this act would amount to involuntary manslaughter, given that there would be insufficient grounds for a charge for murder given the lack of intent.
The modern test for involuntary manslaughter is requires the proving of four key substantive elements, which can be described as follows:
• Whether Noah owed a duty of care to Alice in these circumstances;
• Whether ...view middle of the document...

Therefore, Noah appears to be liable for the death of Alice by involuntary manslaughter.

Re: Liability for Bob's Death

I am asked to advise in relation to any liability that Noah may have in relation to the death of Bob. According to the facts of the event, it would appear that Bob passed away after swimming to shore following the sinking of the vessel he was on. Also according to the facts it would appear that the significant cause of death was the fact that he was dropped on a stretcher by paramedics, which loosened a blood clot which travelled to his brain. Based upon these circumstances, it would appear that Noah has played no role in the factual causation of these events, and hence is not liable in this regard. However, one must also consider the possibility of legal causation, which may mean that Noah could be liable if it could be proven that he ‘set in train' the events causing the death of Bob.
There are probably two main legal principles that need to be considered in this circumstance. The first is the substantial cause test, which provides that the event must have had more than a minimal cause of the death. Indeed, in order for Noah to be held liable in this circumstance, it must be proven that he was the cause of the sinking of the vessel, which in turn caused Bob to swim for safety. It is questionable as to whether Noah caused the sinking of the vessel, as it had been checked by a maintenance crew before sailing, as well as its upkeep being the responsibility of Tony, as the managing director of Cruising for Pleasure Ltd. While Noah may have had opportunities to prevent the incident himself, the fact is that he took all reasonable steps to bring it to the attention of the company before the vessel departing, and thus should not be held personally responsible. Also, it would appear that the chain of causation has been broken by the intervention of the ambulance officers treating Bob, and hence Noah could not be held liable under this argument either.

Re: Liability for Caitlin's Death

I am asked to advise in relation to the death of Caitlin, and whether Noah has any liability accordingly. According to the facts presented, Caitlin was one of the persons who swam for shore from The Fluke, and hit her head as she dove off. According to medical reports, she was in a stable condition and doing well, although the ambulance was involved in a crash on the way to the hospital and Caitlin died as a result. In order for Noah to be held liable for Caitlin's death, it would again need to be proven that there was a causal link between the actions of Noah and the death of Caitlin, either in fact or in law.
In regards to law, it would be my advice that Noah could not be held to have been the cause of Caitlin's death under the causation tests. This is because the chain of causation has been broken by the intervention of the ambulance officers, and that the death occurred as a result of Caitlin being in the ambulance and not as a...

Other Papers Like Unlawful Homicide

Violent Crime in Australia Essay

1283 words - 6 pages nature of the violence crime is specified, for example in the case homicide, the ‘most extreme form of violence’ (Cartwright, 2015, p.99), there are two classes, murder and manslaughter, defined according to the offender’s intent. Murder is the intentional unlawful killing of another and manslaughter, the unintentional killing of a person or persons (Brookman, 2005). The explicit breakdown of general crime categories allows agencies to measure the

Unit 4 [P1-M1] Essay

1741 words - 7 pages weakness resulted in her death, but Nathanial was the one to poison her when she had that weakness making him still liable. In conclusion Nathanial has both proven legal causation and Factual causation. This means that Nathanial has the actus Reus, because this has been proven we know that you have committed an unlawful homicide. However, we will have to look at the type of homicide to do this we have to look at the mens rea. There are three different types of unlawful homicide Murder, Voluntary Manslaughter and involuntary Manslaughter.

Ciminal Essay

1662 words - 7 pages Sheila Impey Criminal Essay ISSUE: Can Jack reasonably be charged with murder, and if so, what degree of murder? RULE: Any killing that is not justifiable or excusable is criminal homicide, either murder or manslaughter. [Clark & Marshall, 469-477] Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought means that the defendant had one of the following types of mental states: 1) Intent

Ucr vs. Ncvs

904 words - 4 pages serve different purposes. The UCR’s primary objective is to provide a reliable set of criminal justice statistics for law enforcement administration, its operation, and management. The NCVS provides previously unavailable information about crime. Both measure an overlapping but non-identical set of crimes. The NCVS includes crimes both reported and not reported to law enforcement. The NCVS excludes, but the UCR includes, homicide, arson, commercial

Criminal Law

971 words - 4 pages Memorandum The issue being discussed within this memorandum is whether or not a person is capable, by law, to intentionally and premeditatedly commit homicide while Intoxicated; since this is usually considered involuntary or reckless, manslaughter. Under Virginia law, murder is defined as "the unlawful killing of another with malice aforethought." Stapleton v. Commonwealth, 123 Va. 825, 96 S. E. 801; Premeditation, or specific intent to kill

Gang Vs. Club

865 words - 4 pages the negativity of the word "gang." Nowadays when people think of gang, they mostly assume that it is related with crime, drugs and violence. This pessimism is due to the fact that most people perceive gang as a group of people, called gangsters, who engage in unlawful activities. These unlawful activities can range anywhere from stealing a simple object to a homicide. When such illegal activities are performed, they are almost always broadcasted

Criminal Law

2306 words - 10 pages to fulfill that duty knowing it would mean almost certain death is the equivalent of homicide committed with malice. OTHER CRIMES • Larceny: At common law, larceny is the taking and carrying away of the personal property of another by trespass (i.e. wrongfully) with intent to permanently (or for an unreasonable time) deprive the other of his interest in the property. • Larceny occurs if you intend to deal with the property in a way that

Juveniles vs. Adults

1325 words - 6 pages We only live our life once, an what we do with that life is our own decision. Many people at young ages decide to live a life of miscreants and become what are called juvenile criminals, but, every action should have its own consequences and to deal with these unlawful adolescent we have the Justice Department. The juvenile justice system is agencies that deal with juveniles whose conduct has come in conflict with the law. These agencies include

Critically Evaluate the Law in the Areas of Murder and Voluntary Manslaughter and Include the Consideration of Possible Reforms

3369 words - 14 pages Critically Evaluate the Law in the areas of Murder and Voluntary Manslaughter and include the consideration of possible reforms. Homicide, in English criminal law is a generic term covering offences such as murder, manslaughter and death by dangerous driving. What they all have in common is the unlawful killing of a human being, and what distinguishes them is the state of mind of the defendant who has caused the death or the defences

Human Rights - Apartheid and Racial Discrimination

839 words - 4 pages reprehensible, it is even illegal. In 1995 the Disability Discrimination Act came into force and made it unlawful to discriminate against those with disabilities. Death Penalty and Human Rights The Death Penalty is the sentence of death upon a person by the state as a punishment for a crime. Although the death penalty is usually used for serious crimes, such as murder, rape or terrorism, it differs from country to country. In Saudi Arabia, for instance

Abortion Issue

1598 words - 7 pages pregnancy so we cannot call murder. Definition of murder: Murder is the unlawful killing of another human being with "malice aforethought", and generally this state of mind distinguishes murder from other forms of unlawful homicide.    5. In conclusion we should keep abortion legal.  Even if abortion will not be legal, women are still going to attempt it. Keeping abortion legal, most of the woman that want abortion will not lose their life because

Related Essays

Voluntary And Involuntary Manslaughter Essay

851 words - 4 pages Ch. 3 Homicide Manslaughter= killings which lack malice aforethought; or where malice is mitigated -In some cases, a killing is manslaughter because there is simply no intention on the part of the killer to cause the death of another but death results from a reckless act. -In other cases, killing is intentional but is mitigated, or reduced, from murder to manslaughter because of the surrounding circumstances. Malice Aforethought= the

Personal Crimes Analysis

1510 words - 7 pages , battery, mayhem, rape and statutory rape. I will also identify and define the different types of homicides and show how they associate with assault, battery, mayhem, rape, and statutory rape. Assault And Battery According to California Law Penal Code Sections 240 (2009) an assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Assault and battery crimes are very similar to one another

Discuss Adam’s Criminal Liability, For Murder And Partial

1094 words - 5 pages Discuss Adam’s criminal liability, for murder and partial defences under the Homicide Ordinance which he may raise. According to the Common Law, murder is an offence that established where there is an unlawful killing of a human being with malice aforethought. However, this definition only appropriates under the Queen’s peace to prevent the killing during wartime being murder. The commission of murder can carry a penalty

Crimes Againist Humanity Essay

1486 words - 6 pages Crimes against Persons Student’s Name University’s Name Abstract In the United States of America, the law pertaining to crime against persons is complex; due to the principle of dual sovereignty that is a component of federalism. This essay entails analysis of murder as crime against persons. Murder cases are classified by the hierarchy of acts which entails: homicide, murder, manslaughter, and lastly justifiable homicide. English courts