Essay
Unit 24 P4
- Institution
- Pearson (PEARSON)
Essay of 3 pages for the course Unit 24 - Aspects of Criminal Law Relating to Business at PEARSON (Unit 24 P4)
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IntroductionIn this task I will be applying the elements of liability for corporate manslaughter.
To be guilty of a crime the defendant must have both the actus reus and mens rea of the
offence that he has been charged with. Where someone dies, the defendant may be guilty of
murder, voluntary manslaughter, or involuntary manslaughter, or in the case of a company,
corporate manslaughter. The differences between these offences will be explained below.
Murder
The definition has been created by judges.
Definition: murder can be defined as the unlawful premeditated killing of one human
being by another.
There are three main types of involuntary manslaughter which include:
Diminished responsibility
In law, diminished responsibility is a potential defence by excuse by which defendants argue
that although they broke the law, they should not be held fully criminally liable for doing so,
as their mental functions were "diminished" or impaired. Section 2 Homicide Act 1957,
which has been amended by the Coroners and Justice Act 2009.
Suicide pacts
This is an agreement between two or more people to commit suicide together. It is under
section 4 Homicide Act 1957.
Loss of control
The defence of loss of control is a partial defence that may reduce liability for murder to
manslaughter. It does not operate to absolve the defendant of liability completely. It is not a
general defence and exists only for the offence of murder. Section 54 Coroners and Justice
Act 2009 - Where a person kills or is a party to the killing of another is not to be convicted of
murder if:
The loss of self-control had a qualifying trigger
A person of One’s sex and age with a normal degree of tolerance and self-restraint
and in the circumstances of one’s, might have reacted in the same or in a similar way.
There are three main types of involuntary manslaughter which include:
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