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Unit 24 - Aspects of Criminal Law Relating to Business P4, M2, D2
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- PEARSON (PEARSON)
Unit 24 - Aspects of Criminal Law Relating to Business P4, M2, D2. Distinction, Merit and Pass grade achieved.
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By: trobertson1966 • 4 year ago
By: readnicola74 • 4 year ago
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P4:Murder is the unlawful killing of another human without justification or a lawful reason and with
“premeditated malice”. One example is R v Woollin (1998). This is where the defendant got angry towards
his 3-month old child and threw his child against a wall. The child suffered serious brain injuries and
unfortunately died. The defendant was charged with murder and appealed as he said that he did not
intend to kill his child. Voluntary manslaughter is the killing of someone in which the offender got
emotional under circumstances that would cause a reasonable person to become emotionally or mentally
disturbed to the point that they might kill someone.
Diminished Responsibility is where if someone who killed or was with a group of people who killed
someone cannot be convicted of manslaughter if they meet certain requirements. These requirements are:
suffering from mental issues; medical condition; and/or substantially unable to comprehend their actions.
One example case is R V Byrne. This is where the defendant murdered a young girl in a hotel and mutilated
her body. His actions were down to him having unmanageable impulses. The court held that for the
defendant there was “abnormality of mind”. This meant that the defendant mind was not that of a normal
person.
Loss of control is where a defendant kills or was with a group of people who killed someone due to their
actions or omission resulting in loss of control and also, a reasonable person would have done the same
thing as them.
One example is R V Ahluwalia. This is where the defendant poured petrol and caustic soda on to her
husband while he was sleeping and afterward burnt him. He died days later from his wounds. The
defendant stated that her a husband had an arranged marriage and that her husband was abusive and
aggressive to her for example, beating her if she didn't give him money. He also cheated on her. The night
she killed her husband she claimed that he threatened to hit her with an iron. She stated that she
considered slaughtering her husband and raised the safeguard of provocation. The judge charged her with
homicide. She appealed as she believes the judge's way to identifying with provocation wasn't right and
raised the barrier of diminished responsibility.
Involuntary manslaughter is the act of unintentionally killing someone. Unlawful manslaughter or
constructive manslaughter is a type of involuntary manslaughter in which the killing happened where the
defendant lacks the mens rea of murder. There are three requirements to be met to be charged with
unlawful manslaughter.
An unlawful act which the defendant intended or was reckless
The unlawful act is dangerous
The unlawful act and dangerous act which causes death
An example case is in R V Goodfellow (1986). This is where the defendant was harassed by two people and
wanted to move to a new house. In order to move, the defendant he set fire to his house to make the
council believe he was petrol bombed however, by burning his house, his wife, son and his son’s girlfriend
died.
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