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Discuss Harry and Ivans criminal liability for the death of Jayne

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Introduction

Harry and Ivan case Discuss Harry and Ivan's criminal liability for the death of Jayne Harry and Ivan would be charged with a count of murder; however, as it is clear that there is no mens rea and intent for murder present, this will be substituted for manslaughter. With no mens rea it is clear that it is not voluntary manslaughter, this leaves involuntary manslaughter for the courts to consider, either unlawful act or gross negligence manslaughter. Harry's liability has to be taken into account; gross negligence and unlawful act manslaughter need to be considered. By all means, the supply of drugs to Jayne from Harry is an unlawful act. This must be considered to be an act that all sober and reasonable people would realise there is a risk of harm. The reasonable man would realise that there would be the risk of some harm to Jayne as she was a first time user. The act must also cause the death. Kennedy (2007) ...read more.

Middle

As with Ivan, this act must be proved to be the substantial cause and of a gross nature. When Harry left, Ivan was still conscious and drug free so it could be argued that if Jayne got worse, Ivan should deal with it, opted to it being Harry's responsibility. If this was the case, then this would also negate the 'gross' nature of the negligence leaving Harry not guilty of gross negligence manslaughter. When considering Ivan's liability, gross negligence manslaughter must be considered, it should be established whether or not he owed a duty of care to Jayne as a result of their relationship. In Stone and Dobinson, a relationship can be sufficient evidence for there being a duty of care owed, however as Ivan and Jayne share neither blood nor legal relationship, it may be taken this is not sufficient for a duty of care to be owed. Providing a duty of care has been established, Ivan coule be convicted of gross negligence manslaughter. ...read more.

Conclusion

However, was it dangerous enough to cause Jayne's death? In Rogers (2003) the Court of Appeal ruled that by helping another inject you became part of the mechanics of taking the drugs, thus if death occurred as a result, the defendant may be guilty of manslaughter. Although, the House of Lords ruled this to be incorrect, by providing a tourniquet you are not administering the noxious substance so these two acts cannot be regarded as being in cycle. If the House of Lords is to be taken as precedent, Ivan faces no charge of unlawful act manslaughter. Both Harry and Ivan cannot be charged of unlawful act manslaughter; however there are some valid points of gross negligence manslaughter against both of them. Both owed a duty of care to Jayne - the fact that Ivan was present throughout and was aware of Jaynes condition getting worse, he still ignored it and took drugs himself, he is more likely to get convicted. However on the other hand, there is a strong case for Harry to be convicted as he vacated the flat completely. ?? ?? ?? ?? Law Sam Wong ...read more.

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