Monday, April 22, 2019
Critically analyse the territorial and extraterritorial ambit of the Assignment
Critically analyse the territorial and extraterritorial ambit of the crime of murder under side of meat Criminal Law - Assignment Exampledie of the wound or hurt etc. inside a year and a day after the same (Allen 309). It is imperative to note that under the side woeful system, murder is classified into the category of homicide and manslaughter. Legally, homicide is a more serious offence in equivalence to manslaughter. In order for a person to be charged with homicide or manslaughter, the elements of the definition of murder must(prenominal) be proved to be true. Actus Reus Under the English Law, the Actus Reus for murder must be present in the beginning one can be convicted for the offence of murder. One aspect of Actus Reus is that arrange of murder must be unlawful. This implies that act should not have some(prenominal) legal basis to justify its occurrence. Under the English criminal system, the law recognizes some circumstances under which murder can be justified. For in stance, killing someone in self defense can be admissible in a court as a legally permissible reason for murder. The justification for killing also depends on the circumstances under which the deceased person was killed and the role of the accused in the murder (Chalmers & Fiona 219). In essence, killing under English law whitethorn include accelerating another persons death due to an act or an omission. ... This means that any killing that occurs under all circumstances except during war are is classified as an offence of murder. Enemy killing is not justified by law unless it occurs during a war or events therefore (David 453). English Law is precise in regards to the concept of Queens peace by expressly stating that all situations except during war are classified as Queens peace. eve formally identified foreign enemies cannot be lawfully killed under the pretext that they are outside the backcloth of the Queens peace. It is imperative to that this principle applies both within and outside the territories of the English criminal law. The limited act or omission that results in the murder of a person must have a substantial parcel as generate of death for an accused person to be convicted for the offence of murder. The act or omission and the death must be linked in order for a trust to be upheld. In essence, the prosecution has the burden of proving that the accused did more than minimally or negligibly contribute to the death. The contribution of the accused person to the death must be considered substantial in the context of the law (Hirst 229). In this regard, even if the action or omission just accelerated the death, the accused is legally liable for the death. For instance, in R v Dyson (1908), it was held that the defendant was liable for the offence of murder even though the defendant had lonesome(prenominal) hastened death. In order to break the causation chain, it is upon the defendant to prove that the intervening act was the main cause of the death (Cryer 152). This may occur in instances whereby a persons actions or inactions are intermit of a chain of actions that can be attributed to the death. It is only an unforeseeable or unexpected action
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