Monday, February 10, 2020
Criminal Liability Assignment Example | Topics and Well Written Essays - 2500 words
Criminal Liability - Assignment Example The fact that Neil died as a result of the scuffle with John, John may be held liable for manslaughter. Note that under the Homicide Act 1957, a person may be charged with voluntary manslaughter if death resulted from the act of another. Note that John came back and confronted Neil and he bodily pushed Neil to the ground then kicked him. Even if John did not intend to kill Neil, he is still guilty of maliciously inflicting bodily harm against Neil. When John came back to the scene to confront Neil, he already showed the elements of a guilty mind or mens rea as he had the chance to think things over when he turned away. The fact that Neil died in the hospital after he contracted MRSA does not excuse John from liability of his death.As stated by the court in the case of R v Blaue , where the subsequent events that lead to the death of the victim are foreseeable consequences of the incident and such foreseeable consequences would not have happened if not for the unlawful acts of the acc used, then there is no break in the causation and the accused may still be held liable for the death of the victim. In the case of John, he may be held liable for voluntary manslaughter under the Homicide Act 1957. However, John may use provocation as a mitigating circumstance to reduce his culpability. In order for John to make use of the defense of provocation, he should prove to the court that he is a reasonable man as defined by the court in the case of R v AhluwaliaÃ and he should prove to the court.