• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Murder and Involuntary Manslaughter.

Extracts from this document...

Introduction

A level law homework 2 Murder and Involuntary Manslaughter The offence, which Don has committed, is murder because the initial injuries in which Don caused to Tim are thought to have been the main aspect of why Tim died. The definition of murder is, 'the unlawful killing of a living human being, under the Queens peace with malice aforethought.' The definition of murder is then broken down into two separate parts. The first being the Actus reus of the offence which means the guilty act and the second part is the Mens rea which is the guilty state of mind in which the defendant caused harm to the victim. The actus Reus is therefore, the unlawful killing that in Dons case is murder, of a living human being this is fulfilled because Tim was alive at the time of the accident and under the Queens peace which means that everyone in the country is under the Queens laws so this was fulfilled. The mens rea of the offence is the malice aforethought which means an intention to kill or cause grievous bodily harm (GBH). ...read more.

Middle

As a result Don is not liable for murder but liable for the lesser offence or Manslaughter. He cannot plead voluntary manslaughter because he has no mens rea for the intention to kill or cause grievous bodily harm. This means that he is liable under involuntary manslaughter. There are two suitable types of involuntary manslaughter, which Don can plead: The first is constructive manslaughter otherwise known as unlawful act manslaughter. For the defendant to successfully plead this type of manslaughter there is four stages that need to be proved, there has to be an unlawful act. The authority for the unlawful act is R V MITCHELL or CHURCH. In Dons case the unlawful act, which he caused, was assault. The act also has to be dangerous and the reasonable man test is used to decide this. The authority for the dangerousness is R V DAWSON. Dons act then has to be the substantial cause of death this is shown through the two types of causation, which are in fact, and in law, however there has to be no breaks in the chain of causation R V GOODFELLOW and CATO. ...read more.

Conclusion

Don owed a duty of care to Tim because he was a driver who created a dangerous situation. He owed a duty to Tim as a pedestrian and breached this duty. Don breached his duty of care to Tim because he wasn't watching where he was driving and failed to stop and help Tim. He fell below the standard of the reasonable man in the reasonable man test. R v Miller By breaching his duty of care and taking his eyes of the road he caused Tim's death as a direct consequence of his actions. I believe that Don was so grossly negligent that the jury will consider it a criminal punishment because as a driver he needed to be prepared to stop suddenly or brake harshly in case of an emergency and he failed to do so making him negligent but, due to him driving off and not stopping to help Tim makes it grossly negligent so much that the jury would consider it a criminal punishment. I think the most suitable defence would be gross negligence manslaughter because as a driver he broke his duty of care and this breach caused the death of Tim. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Tort section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Tort essays

  1. Marked by a teacher

    Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and ...

    4 star(s)

    This is rather different from criminal proceedings in sport, where participants are treated some what differently from the general public with far fewer complaints and lesser sentencing awarded for those incidents that happen on the pitch.

  2. The terms Actus Reus and Mens Rea

    The company who failed to secure the tap properly is also liable as it is there actions which initiated the chain of causation which led to the offence. Causation can be said to have begun with R. v Thabo Meli and R.

  1. Discussing Homicide - muder - actus reus.

    could have been saved were it not for a short delay in diagnosing your injury, then I would still be guilty of murder. Now, there are three exceptions to the rule that the actus reus must be the operative cause of death.

  2. What is the meaning of intention in English criminal law? Is it always possible ...

    how probable the consequence was and (ii) if the defendant foresaw that consequence. He reasoned thus: that if the defendant did not foresee the consequence, it cannot be said that he intended it. If he did foresee it but thought the risk slight, the jury might easily infer that he did not intend it.

  1. Intention is the mens rea phrase, which expresses the highest level of blameworthiness of ...

    looking at the recommendations of the Law Commission: ...A person is reckless if, a) knowing that there is a risk that an event may result from his conduct or that a circumstance may exist, he takes that risk, and b)

  2. critical evalution of murder

    Another problem with the law on murder is with the actus reus which states that the victim must be a person in being but should this include a foetus? In A-G's Reference (No.3 of 1994), [1997] a man stabbed his pregnant girlfriend.

  1. Murder and Voluntary Manslaughter

    Some people may find this limiting in prosecuting killers when new evidence arises thanks to scientific progress. The Mens Rea for murder is intent to kill or cause Grievous Bodily Harm. This sometimes may cause criticisms as it means that people who intentionally end the suffering of a loved one

  2. In this report, the differences between contractual liability and tortuous liability are explained. In ...

    They have to compensate Sam for his injury and compensate Hugh?s parents for his death. Sam?s cannot claim his employer for damage concerning to his injury. But his employer could not escape such liabilities for instance, employment insurance. 4. Elements of tort of negligence To succeed in a tort of negligence action, the claimant must prove three issues.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work