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Criminal law: liability for manslaughter - Case Study Example
Author : faheyjudy
Pages 6 (1506 words)
(A) Fern and Joe are out in the local town, visiting the shops. Fern repeatedly runs into the road and is in danger of being hit by vehicles. Joe warns her of the danger and repeatedly tells her not to do this. Finally, Joe loses his temper and hits* Fern…
In case A we have to deal with an offence. The offence is about Joe, Fern's father, who loses his temper over Fern not listening about the danger of being hit by the vehicles and pushes Fern. She hurts herself and dies.
An offence, according to the law regulations is a "violation of the penal law" where penal law or criminal law is "the body of laws that are enforced by the State in its own name and impose penalties for their violation." Usually an offence can be either a traffic violation which would represent a misdemeanor or a capital murder which would represent a fellow. However, an offence is different from a crime in the fact that there's no typical victim, by "the action remains prohibited by statute."
Nevertheless, in case A we are dealing with an offence called involuntary manslaughter. The reason is because in UK this is called "gross negligence" manslaughter because the intention was not to kill the victim; the result of the Fern's death, even thought was caused by being used and hurting her head, it is a case of death that resulted from "recklessness or criminal negligence."
In the UK the liability for manslaughter due to recklessness is also defined as "wanton blinded ness" in which the culpable person refuses t be aware of the dangers of a particular situation. ...