Criminal Law No: Roll No: Date: University: Criminal Law Marlene and Paul live in a squat, namely an empty house which has been occupied by trespassers. They share a room, although their relationship is only as good friends. Marlene has recently given birth to a baby by her estranged husband who does not live with her…
She also suffers from post-natal depression, as a result of which she has no interest in looking after herself or the baby. Paul does his best to look after both of them, feeding the baby milk formula and warming up soup for Marlene. But she becomes too depressed to eat sufficiently, and after two months she becomes very ill and catches pneumonia in the damp and cold conditions in the house. She begs Paul not to call a doctor. The baby is well since Paul has looked after him to the best of his ability. Marlene dies of the pneumonia one night, and when Paul reports her death, the police doctor says that Marlene could have been saved if medical help had been called in time. DISCUSS THE CRIMINAL LIABILITY, IF ANY, OF PAUL FOR THE DEATH OF MARLENE. CITE APPROPRIATE CASES, AUTHORITIES OR EXAMPLES AS NECESSARY. Marlene and Paul In accordance with English law, murder is an offence. This act of human being always considered a heinous and serious offence to take life of another human being. The murder may be intentionally or unintentionally. It may have lawful cause or unlawful cause of action. The murder can be in self-defence wherein no motive of murder or intention of murder can be seen. There are instances where harm was intended to a targeted person but erroneously the weapon killed another person1. Under the mentioned scenario, it is the duty of law enforcing agencies to investigate and determine the motives behind the murder and to submit investigative report along with the statements of independent eye witnesses in the competent court of law to proceed further against the culprit and to seek a fair and transparent judgment to satisfy the heirs of the victim2. Contrary to the above, in England and Wales, the law of homicide or manslaughter is treated a less serious crime or offense than that of intentional murder. The difference between the murder and the homicide is that the murder is done with guilt of mind whereas in the homicide. On proving guilty of manslaughter, the jury has the discretion to award life sentence to the murderer. However, before passing on the punishment of life imprisonment, the court shall examine the circumstances which compelled the murder for homicide3. According to English law, carelessness or failure of a person to protect another person from any harm that claims life may be liable for criminal prosecution. It may invoke civil or criminal jurisdiction against a person who miserably failed to protect precious life of another person due to carelessness. The law of the land applies in terms of harm may differ from manufacturer of kitchen items and the manufacturer of highly explosive items. In both the cases the burden of proof of innocence lies on the shoulders of defendants4. As per English law, wrong death of a person due to negligence of another person, manufacturing unit, business entity and the firm are liable for criminal prosecution. That sort of death can be challenged in a competent court of law by heir or heirs of the deceased aims at to book responsible negligent party who is or are responsible for the alleged death. What we have witnessed in such cases is that the suit filed against the defendants by the petitioners are the nearest and close family members comprised of parents, life partner, kids or in few cases another family directly hit with the murder of the ...
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