Discuss Martha's Criminal Liability? (50 Marks).

Discuss Marthas criminal Liability? (50 Marks). Jane is sitting next to Martha on a train. Martha is knitting a scarf and listening to her Mp3 model while Jane is reading a book. Jane objects to the noise and asks Martha to switch glum her music. An argument ensures and Jane tells Martha that she is an inconsiderate old witch. Martha then flies into a senselessness and as Jane storms out of her seat Martha stabs her in the back with a knitting goad. In this scenario Martha is liable for sinful act manslaughter. sinful manslaughter is common law and is an unlawful killing of a man being where the suspect does not subscribe the intention, either direct or oblique, to kill or to cause grievous reasonable harm. To find Martha conscience-smitten of unlawful act manslaughter it has to be turn up that she ca apply the demolition of Martha as causation has to be naturalized. There is literal and legal causation. Factual causation is established by the operatio n of the but fore test which says that the suspect bottom of the inning wholly be guilty if the consequence would not have happened but for the defendants conduct. This can be seen by the strip of White (1910).

in this trip the defendant congeal cyanide into the victims tipsiness how ever the defendant died from a totality attack before drinking the drink but the defendant was not the actual cause of death but save he was guilty of attempted murder. This is because the apostrophize held that the defendant had everything in motion to do his unlawful act. another(prenominal) case illustrating factual causation is the case of Pegett (1983). In this case ! the defendant used his pregnant wife as a human shield. The guard returned fire and the the girlfriend was killed by the law bullets. The defendant was lock guilty of her manslaughter because the girl would not have died but for him using her as a shield in the consider out. It could be argued that Jane would tacit be alive if it was not because of Martha exquisite her with the knitting needle which caused the death....If you want to get a practiced essay, order it on our website: BestEssayCheap.com

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