OAPA Offenses Against the Person Act 1861, homicide, common law, human being, criminal offense, English law, murder, manslaughter, punishment, criminal law, criminal liability, ECHR European Convention on Human Rights, personal injury, fight, unintentional death
Committing homicide, which according to common law involves the ‘unlawful killing of a human being, caused by another human being', constitutes one of the most serious criminal offenses under the Offenses Against the Person Act 1861 (OAPA 186). The English law recognizes two main acts of homicide that include murder and manslaughter. A party charged and found criminally liable in a court of law can be subject to punishment for the act under the criminal law. This paper examines criminal liability concerning the scenario presented.
[...] The court held that the defendant was criminally liable for unlawful act manslaughter. In making its ruling, the court argued that a party who engages in an unlawful and dangerous act that is likely to cause injury to another party, and the doer's act causes the victim's death, such a party will be held criminally culpable for unlawful act manslaughter. Paul is further criminally liable for assaulting Grant, who was attempting to break the fight between Paul and John. Section 47 of the OAPA 1861 stipulates that a part who assaults and causes actual bodily harm to another party shall be criminally liable for a five-year jail term. [...]
[...] Further, Paul is liable for wounding Grant as defined in the case of C v Eisenhower. In this case, the court defined would as a continuous break in the continuity of one's skin. Paul's blow wounded Grant's head which is evidenced by the blood that gushed out of the wound. As such, he is criminally liable for GBH. Conclusion From the examination of the scenario presented, Paul committed a criminal offense that resulted in personal injury contrary to OAPA 1861. [...]
[...] Paul is criminally liable for assaulting and unlawful manslaughter. His criminal liability for assaulting Grant arises from his involvement in an unlawful act that involved fighting with John. If found guilty, Paul may serve a jail term of five years for assault. Paul is further criminally liable for the offense of unlawful act manslaughter. Paul is criminal liability for an unlawful act of manslaughter as his actions resulted in the unintentional death of John. Bibliography Case law R v Larkin [1944] 29 Cr App R 18 R v Bollom [2003] 2 Cr App R6. [...]
[...] The scenario presented underlines a case of criminal liability for manslaughter. The criminal law stipulates manslaughter can occur through different ways that include reckless manslaughter, gross negligence, and unlawful and dangerous act manslaughter. Paul is criminally liable for involuntary manslaughter, which occurs when a party unlawfully kills or causes grievous bodily harm to another party without intention. Specifically, Paul is criminally liable for reckless manslaughter which led to John's death. The criminal law stipulates that reckless manslaughter occurs when one causes death by engaging in a lawful or unlawful act and when he or she has the foresight of a high degree of risk of the act causing severe injury. [...]
[...] Jonathan Herring. Criminal law (New York: Macmillan International Higher Education, 2011). Jonathan Herring. Criminal law; text, cases, and materials (Oxford: Oxford University Press, 2016). Nicola Monaghan. Criminal law (Oxford: Oxford University Press, 2016). Nicola Padfield. Criminal law (Oxford: Oxford University Press, 2016). Richard Stone. Offences against the person (London: Cavendish, 1999). [...]
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