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Jeremy has been charged with manslaughter as he was chasing his wife Lina after
an argument, and as he was chasing her Mahindra was coming from the opposite
way and he pushed her and she suffers from brittle bones and from the fall she also
suffered from internal bleeding and this ended up that she died later on that day.
Because of this happening his wife Lina decided that she was going to leave him
after a kiss with her friend Mary and she wants to see where it goes, this ended up
that Jeremy’s brother (David) had told him that he shouldn’t put up with it and this
ended up that Jeremy has murdered Lina, which was under the influence of his
brother.
Manslaughter is according to (Nolo, 24 May 2018, Date Accessed 29 June 2021)
“Manslaughter is an unlawful killing that doesn't involve malice aforethought—
intent to seriously harm or kill, or extreme, reckless disregard for life. The
absence of malice aforethought means that manslaughter involves less moral
blame than either first or second degree murder.” This can show why Jeremy
was charged with Manslaughter as he didn’t have the intentions to kill Mahindra
which means that it is involuntary manslaughter which does mean that it was
unintentional and that Jeremy didn’t mean to kill Mahindra. It is also known as an
unlawful dangerous act, which does mean that it is an unlawful act because he was
sober and Jeremy knew from pushing Mahindra that he could have caused some
sort of injury, which does not mean that he did know that he was going to kill her
because he didn’t know that she brittle bones. There are some subtleness between
muder and manslaughter as they can both reach the peak with the involuntary
manslaughter because with an accidental killing there can be extreme recklessness
which can develop into second degree murder.
Jeremy was liable for the killing of Mahindra and his wife Lina. According to
(Definitions, 9 October 2020, Date Accessed 29 June 2021) “Legal liability is the
legal bound obligation to pay debts. In law, a person is legally liable when they
are financially and legally responsible for something. Legal liability concerns
both civil law and criminal law.” The liability does refer to some sort of
responsibility for a crime and what will happen within society that the crime will inflict
onto it. The crimes that will harm society as one big whole it is on the prosecutor who
has caused this as they are bringing the charges upon the person. Jeremy can be
, found liable for the crime that he has committed but that is if the prosecutor can be
able to prove that he committed the criminal act which they were able to prove this
and with this they are able to hold him accountable and this is why Jeremy has been
charged with manslaughter.
Jeremy’s brother David has had a part in the killing of Lina (Jeremy’s Brother) as he
told Jeremy not to take what his wife had said about leaving him for her friend Mary,
and whenever his wife came into a room David had said “go on do it” which ended
up that Lina (Jeremy’s wife) had died due to the injuries that Jeremy has done from
hitting her on the head with a large candlestick repeatedly. Because David was there
it caused secondary liability. According to (CPS, 4 February 2019, Date Accessed
30 June 2021) “A secondary party is one who aids, abets, counsels or
procures (commonly referred to as assists or encourages) D1 to commit the
substantive offence, without being a principal offender. However, a secondary
party can be prosecuted and punished as if he were a principal offender: s8
Accessories and Abettors Act 1861. Secondary liability principles can be
applied to most offences. The principles remain the same, whichever offence
they are applied to. The principles are commonly used in offences of violence,
theft, fraud and public order.” From this it does show that David was a secondary
liability and he did have a part in the death of Lina as he did get into Jeremy’s head
that Lina shouldn’t be leaving him for another woman and this is known as abetting &
counselling which is being done with the words of encouragement which it is what
David has done with Jeremy by putting it into his head that he shouldn’t be left, even
though Lina did cheat on Jeremy which could be another reason why David was
pushing him to kill or maybe to even just injure Lina. But with David’s role in the
crime it is that he was involved that he could potentially be punished as well as
Jeremy, he won’t get as long as Jeremy but will still be given some sort of
punishment.
Actus Reus and Mens Rea is according to (Crime Museum, 22 January 2017, Date
Accessed 30 June 2021) “Every crime must be considered in two parts-the
physical act of the crime (actus reus) and the mental intent to do the crime
(mens rea).” With Actus Reus it is an important part to prove that Jeremy is liable to
the crime as all crimes do need to proof of actus reus, they don’t always need mens
rea so this would mean that it is needed that the people who have committed the
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