... of some harm' (Goodfellow (1986)). Here the defendant set fire to his council house in order to be rehoused, but ended up killing several persons inside. The defendant was liable for unlawful act manslaughter, as the criminal act did not ...

... damages and ultimately loss of earnings. When deciding on any case where a criminal offence has been committed in English Law it is essential that it is conclusively proven - beyond reasonable doubt. The prosecution must firstly prove that the ...

... the defendant. Secondly in result crimes the criminal act by itself may not be enough - for example for a murder charge a death must have taken place. Unusually there may be a state of affairs crime such as occurred in R ...

... vice' Although this is not quite true, it is difficult for the courts to create a reasonable, fictional man and I believe it important for them to take into account social and moral change when comparing the defendant to this ...

... intention to kill or cause grievous bodily harm (GBH). The case supporting this was R v Moloney. When applying the law to the facts, there has to be causation. There are two types of causation, Causation in fact, and causation ...

... suitable to assume that death occurs when the victim is brain dead. However they also said that turning off life support does not brake the chain of causation when seeing if a defendant is liable. Also thanks to the passing of ...

... case of "cause", the nature of the connection is immaterial (provided the chain of events is short enough to satisfy the criminal law of causation)...' Jack has clearly committed the actus reus of homicide as he has caused James death and ...

... If the claimant wants to win in a negligence action, some certain points must be proven such as that the defendant owed them a duty of care; that the defendant was in breach of that duty; and that the claimant ...

... wounding or inflicting GBH; the offence is then looked at in two parts. The actus reus of the offence is the GBH caused to the victim, which is the deep cuts to the fingers, caused either directly or indirectly. The ...

... did not effect the question of liability, this proves that Adder may not be liable for Busted Ltd. If we look at the legal principle laid out in Spartan Steel v Martin Co Ltd, the defendants negligently caused all three of ...

... negligently) - infers intent * capacity (infancy, intoxication, insanity) - capacity defenses * responsibility (volition, free will, competency) - presumptions There are five principles of liability in Criminal Law: * Principle of Actus Reus * Principle of Mens Rea * ...

... negligently) - infers intent * capacity (infancy, intoxication, insanity) - capacity defenses * responsibility (volition, free will, competency) - presumptions There are five principles of liability in Criminal Law: * Principle of Actus Reus * Principle of Mens Rea * ...

... lived in 2 separate rooms of a house. Also, Dog knowingly managed their prostitution activities. It is the finding facts of inference of Dog to be found guilty under the convictions of the offences (Cap200) s.139(1)(a) and (b). In virtue ...

... not recognise that R's death or serious harm would be 'virtually certain' to result from his act. It is the matter of laws to consider in inferring whether Q intended to kill or do serious bodily harm, even though he ...

... breach of contract (the contract being that the manufacturer would provide the consumer with products that would not harm her) because her friend had purchased it for her, so she sued for negligence. Lord Atkinson, who was the judge at ...

... (but not insane) may not be aware that what they are doing will involve further risks, and because of this it would seem harsh to compare them to a reasonable prudent person. Recklessness has two further divisions, first the 'Cunningham' ...

... Privy Council considered the scope and role of strict liability offences in the modern criminal law and their effect upon the "presumption of mens rea". Lord Scarman laid down the criteria upon which a court should decide whether or not ...

... Negligence and occupiers liability. It is in the area of negligence that I will look at the sporting cases and how they differ from non - sporting cases of civil wrongs. I will be looking at participators, clubs, referees and ...

... hit over the head and the appellants believing him to be dead rolled his body over a cliff where he later died of exposure. The key issue raised here is that there are 2 acts; firstly the assault and secondly ...

... actions. It occurred in a residential area and therefore such Gases were not to be expected. The duration of the act will also be taken into account. Because Jane is a young inventor it is assumed her work is an ...

... level must be proved in crimes including assault and battery). It is easiest for me to describe the elements of a crime by utilising real cases and offences. I must first however explain the chain of causation, which is ...

... after the stab, it was Vincent's act that provided that cause in fact. Contrasting to the case of R v. White, where the defendant's mother died not from the poison he served her but from a heart attack, here, it ...

... must be adopted." Thus the requirement of intention is presumed where a matter is uncertain. However, many statutes do not use the language of 'knowingly' or 'intentionally' acting; in the case of such strict liability offences, usually regulatory offences without ...

... two interpretations, that interpretation which is most favourable to the accused must be adopted." Thus the requirement of intention is presumed where a matter is uncertain. However, many statutes do not use the language of 'knowingly' or 'intentionally' acting; in ...

... murder also known as malice aforethought is an intention to kill or to cause grieviuos bodily harm. a specific intention, a decision to bring about a particular consequence no matter whether the accused desires that consequence of his act or ...