Saturday, May 4, 2019
Is the current law on murder still acceptable Assignment
Is the rate of flow legal philosophy on murder still acceptable - Assignment ExampleIt is more than any rein in that is practiced or any police force but its a complete process of intelligent frame work. England inherited the law of Wales, therefore when talking about the English Legal System we furbish up to Waless as well. The English Legal system is based on the common law where the judge can carry on the law themselves and the decisions from the previous cases and be made as a instigate of law. (Gillespie, 2007) The legal system of England and Wales is based on the common law legal system used I Republic of England and in most common wealth countries. United Kingdom is the member of the European Union, England and Wales ar constituent countries of the UK. The essence of common law is that it is the judges sitting in courts applying the Law of England. 1.1 CRIMINAL financial obligation OF A DEFENDENT ACCUSED OF MURDER As explained by Catherine Elliot and Frances Quin in t he first chapter (Elliot & Quin, 2012) there ar various component parts necessary to prove the criminal liability of a murder. A criminal offence is further possible when both Actus reus and Mens rea are conducted at a time. ... As stated in the English law that a person is innocent until proven guilty. ACTUS REAUS + MENS REA = CRIMINAL OFFENCE (the above diagram shows the elements of criminal offence) In the case of Woolmington v DPP (1935) the defendant had taken a gun to threat his wife (the victim of the case), that he would commit suicide if she didnt return to him, accidently the gun went off and he was convicted of murder. Hence, it is concluded from this case that although he did it by accident but the murderer had done a criminal offence, with a guilty mind. (Roe D, 2005) 1.2 ACTUS REUS To vex with the study of any case, firstly it is necessary to prove the criminal offence. As talked about it earlier a criminal offence is a compound of both intention and action to com mit the crime. Actus reus is the first element of a criminal offence. Briefly and in simple words it means intent, the intention to commit offence. The marge is a Latin word meaning the guilty act. The literal meaning explains that it is important that a physical action or movement takes place. In the case of Rv Cunningham(1982), the victim was attacked by the defendant wrongly assuming that victim has sexual relation with his fiance. The defendant repeatedly hit the victim in his head, causing fracture and severe injuries resulting in death in a week. Although the defendant claimed that law of murder should be held to those who intent to do kill but unfortunately the decision was given against the defendant. 1.2.1 richness The concept of Actus reus has been derived from English common law. The principal of this concept is the application of both the elements of criminal offence to annunciate it a criminal act. Any act that is carried on with the intention to harm anyone becomes a criminal act. In the
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