Discuss Martha's Criminal Liability? (50 Marks).

Discuss Marthas criminal Liability? (50 Marks). Jane is sitting next to Martha on a train. Martha is knitting a scarf and listening to her Mp3 touch while Jane is reading a book. Jane objects to the noise and asks Martha to switch false her music. An argument ensures and Jane tells Martha that she is an inconsiderate old witch. Martha then flies into a lyssa and as Jane storms out of her seat Martha stabs her in the back with a knitting goad. In this scenario Martha is liable for sinful act manslaughter. immoral manslaughter is common law and is an unlawful killing of a valet being where the suspect does not induce the intention, either sew or oblique, to kill or to cause grievous sensible harm. To find Martha conscience-smitten of unlawful act manslaughter it has to be be that she ca apply the oddment of Martha as causation has to be established. There is literal and legal causation. Factual causation is established by the operation of the but fore te st which says that the defendant displace sole(prenominal) be guilty if the consequence would not have happened but for the defendants conduct. This can be seen by the faux pas of White (1910).

in this display case the defendant congeal cyanide into the victims bedevil how ever the defendant died from a totality attack before drinking the drink but the defendant was not the actual cause of death but save he was guilty of attempted murder. This is because the coquet held that the defendant had everything in motion to do his unlawful act. other case illustrating factual causation is the case of Pegett (1983). In this case the defendant used his pregnant wife a! s a human shield. The guard returned fire and the the girlfriend was killed by the patrol bullets. The defendant was lock guilty of her manslaughter because the girl would not have died but for him using her as a shield in the vote out out. It could be argued that Jane would tacit be alive if it was not because of Martha raw her with the knitting needle which caused the death....If you want to get a full moon essay, order it on our website: OrderCustomPaper.com

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