Proving Establish Liability For Each Offence Essay Example for Free

Proving arrange Liability For Each Offence EssayArchie is employed to protect the pheasants on Lord Melchetts estate from poachers. On day, from a distance he sees Liam and Craig on the estate and, knowing them to be poachers, he decides to relieve himself of the trouble for all time and fires his shotgun at them. Both Liam and Craig are only go againsted, however, unless do indispensability to be taken to hospital for treatment. On the way to the hospital, the brakes on the ambulance fail, it leaves the road and overturns on a bend and Liam dies in the accident. With reference to the case situation above, discuss, using decided cases to support you argumentsa) The offences, if all, with which Archie could be supercharged and what the prosecution would need to prove to establish liability for each offence (20)b) And whether you think Archie would be convicted of any offence. (5)a. In relation to the demise of Liam, on that point is the possibility that Archie would be c harged under homicide. Archie carried out the liable(p) actus reus of homicide, w hereby he has committed an unlawful gobble uping in the Queens peace in the county of the realm and terminal occurs within 1 year and 1 day. Although Liam died only in the accident, the main cause for his death was Archie shoot at him. As such, Archie has provided for the cause in fact, according to the but-for test, where if but-for Archie, Liam would not have died. Contrary to R v. White, where the defendants baffle died not from his poisoned drink but from a heart attack, Archie caused Liams death. Furthermore, Archie as well undertakes the cause in law, as Liams wound is both substantive and operative.This is because it was Archies action that caused the injury (substantive) and this injury was still present at the time of Liams death (operative), as in R v. Malcherek Steel, where it was held that original injuries were still an operative cause of victims death. However, it may be argued tha t a Novus Actus Intervenis, an intervening event, caused Liams death and that Archie is not the main cause. This is only partially true, as the ambulances break failure was the cultivation event of the chain of causation and causing Liams death. Yet, Archie endure still be held liable if it can be established that there was a break in the chain of causation, however, there is none. Thus, the ambulance accident was merely a negligent contribution, as in R v. Benge, and Archies act is the cause of Liams death.According to the mens rea of murder, proof of intention to kill or cause grievous bodily combat injury must be shown, as established in R v. Moloney, holding that intention may be inferred from the defendants foresightedness of consequences. Here, the charge will depend on Archies intention, which might be deduced from the words that he muttered rid himself of the problem for all time. As such, Archie knew the consequences of his actions, and had an intention to tend it out. Yet if this is the case, it must also be considered why Archie didnt actually carry out his apparent intention, to rid himself of the problem for all time, as he did not actually get rid of (ie. kill) them. However, if this is not the case, it can be said that Archies intention can be found if he foresaw death or GBH as a virtually certain consequence, as in R v. Woollin. It is also not known where and the amount of times Archie shot at Liam and Craig, as this would confer an indication of any considerable intention. If Archies shooting was limited, peradventure one or two in the leg, then it can be said he had no intention to kill, but just an intention to frighten.If he only had an intention to frighten, then his act is already an unlawful act in itself, as it is dangerous and is foreseeable to cause harm. This is true with Archie, and he also had the intention to commit the unlawful act, as in R v. Lamb, where the defendant did not have the mens rea to kill, but only to shoot t he gun. Archies act was also dangerous, likewise in R v. Church where it was held that dangerous would pixilated a reasonable man realizing the risk of creating some harm. In DPP v. Newbury Jones, it is said that if the accused intentionally commits a dangerous and unlawful act, causing harm or incidentally, the death, of some other, he is then guilty of constructive murder. Therefore, in relation to Liams death, Archie can be liable for constructive manslaughter.In relation to the injuries sustained by Craig, there is the possibility that Archie will be charged under divide 20 of the Offences Against Persons Act 1861. The actus reus required here is merely wounding, as defined in JJC v. Eisenhower as breaking of the skin(skin here meaning any coat of the human body) or inflicting grievous bodily harm. The mens rea necessary accommodates a malicious intention and a foresight of physical harm. This foresight must involve the possibility of some physical harm to a person, as in R v. Mowatt. Archie, thus fulfills both the actus reus and mens rea for S20 of the OAPA.However, Archie may also be charged under Section 47 and Section 42. Under S47, Craig has to be seen to have sustained actual bodily harm, defined in R v. Miller as any harm calculated to interfere with persons health and comfort. Under S42, Archie has to be seen to put another person in fear of immediate personal violence and has touched another without their consent. If this can be established, Archie would be liable for Section 20 (Offence involving wounding/GBH), Section 47 (Common assault, bombing GBH) and Section 42 (Assault battery) of the Offences Against Persons Act 1861.b. In the case of Liams death, Archie would be charged for murder. However, this is rather difficult to prove, as the mens rea required for murder involves proof of intention to kill or cause grievous bodily harm as established in R v. Moloney. Thus, he would not be convicted of murder, but rather spontaneous manslau ghter, with constructive liability.As for Craigs injuries, Archie would be charged under Section 20 of the OAPA. Further charges might include Sections 47 and 42. The conviction under Section 20 is undeniable, but for Section 47 and 42, it is only super plausible.