Proving Establish Liability For Each Offence Essay

Archie is employed to protect the pheasants on Lord Melchetts body politic from poachers. On day, from a distance he sees Liam and Craig on the estate and, cognise them to be poachers, he decides to discharge himself of the problem for all time and fires his shotgun at them. Both Liam and Craig are lone(prenominal) wounded, however, save do require to be taken to hospital for treatment. On the way to the hospital, the brakes on the ambulance fail, it leaves the road and overturns on a bend and Liam dies in the mishap.With reference to the field of study situation above, discuss, using decided cases to support you argumentsa) The offences, if whatsoever, with which Archie could be aerated and what the prosecution would need to prove to establish liability for each offence (20)b) And whether you count on Archie would be convicted of any offence. (5)a. In intercourse to the oddment of Liam, t present is the hypothesis that Archie would be charged under homicide. Archie carried out the apt actus reus of homicide, whereby he has pull an unlawful drink downing in the Queens peace in the county of the realm and death occurs within 1 year and 1 day. Although Liam died only in the accident, the main cause for his death was Archie shooting at him. As such, Archie has provided for the cause in fact, according to the but-for test, where if but-for Archie, Liam would not have died. Contrary to R v. White, where the defendants mother died not from his poisoned drink but from a heart attack, Archie caused Liams death. Furthermore, Archie too undertakes the cause in law, as Liams wound is both substantive and operative.This is because it was Archies action that caused the accidental injury (substantive) and this injury was still present at the time of Liams death (operative), as in R v. Malcherek & Steel, where it was held that original injuries were still an operative cause of victims death. However, it may be argued that a Novus Actus Intervenis, an i ntervening event, caused Liams death and that Archie is not the main cause. This is only partially true, as the ambulances shop failure was the last event of the chain of causation and causing Liams death. til now, Archie backside still be held conjectural if it can be established that there was a break in the chain of causation, however, there is none. Thus, the ambulance accident was still a negligent contribution, as in R v. Benge, and Archies act is the cause of Liams death.According to the mens rea of murder, proof of pattern to kill or cause grievous sensible vituperate must be shown, as established in R v. Moloney, holding that tendency may be inferred from the defendants foresight of consequences. Here, the charge will count on on Archies figure, which might be deduced from the words that he muttered rid himself of the problem for all time. As such, Archie knew the consequences of his actions, and had an intention to subscribe to it out.Yet if this is the case, it must also be considered why Archie didnt actually carry out his apparent intention, to rid himself of the problem for all time, as he did not actually get rid of (ie. kill) them. However, if this is not the case, it can be said that Archies intention can be found if he foresaw death or GBH as a virtually certain(a) consequence, as in R v. Woollin. It is also not known where and the tot of times Archie shot at Liam and Craig, as this would confer an indication of any considerable intention. If Archies shooting was limited, perhaps one or ii in the leg, then it can be said he had no intention to kill, but just an intention to frighten.If he only had an intention to frighten, then his act is already an unlawful act in itself, as it is dangerous and is foreseeable to cause equipment casualty. This is true with Archie, and he also had the intention to commit the unlawful act, as in R v. Lamb, where the defendant did not have the mens rea to kill, but only to shoot the gun. Archie s act was also dangerous, likewise in R v. Church where it was held that dangerous would mean a reasonable man realizing the risk of creating some ravish. In DPP v. Newbury & Jones, it is said that if the accuse intentionally commits a dangerous and unlawful act, causing harm or incidentally, the death, of another, he is then guilty of constructive murder. Therefore, in copulation to Liams death, Archie can be liable for constructive manslaughter.In relation to the injuries sustained by Craig, there is the possibility that Archie will be charged under section 20 of the Offences Against Persons Act 1861. The actus reus required here is merely wounding, as defined in JJC v. Eisenhower as breaking of the skin(skin here meaning any surface of the human body) or inflicting grievous bodily harm. The mens rea necessary includes a malicious intention and a foresight of physiologic harm. This foresight must involve the possibility of some physical harm to a person, as in R v. Mowatt. Arc hie, thus fulfills both the actus reus and mens rea for S20 of the OAPA.However, Archie may also be charged under portion 47 and Section 42. Under S47, Craig has to be seen to have sustained actual bodily harm, defined in R v. Miller as any harm calculated to interfere with persons health and comfort. Under S42, Archie has to be seen to put another person in fear of immediate individualised violence and has touched another without their consent. If this can be established, Archie would be liable for Section 20 (Offence involving wounding/GBH), Section 47 (Common assault, battery & GBH) and Section 42 (Assault & battery) of the Offences Against Persons Act 1861.b. In the case of Liams death, Archie would be charged for murder. However, this is rather difficult to prove, as the mens rea required for murder involves proof of intention to kill or cause grievous bodily harm as established in R v. Moloney. Thus, he would not be convicted of murder, but rather involuntary manslaughter, w ith constructive liability.As for Craigs injuries, Archie would be charged under Section 20 of the OAPA. Further charges might include Sections 47 and 42. The conviction under Section 20 is undeniable, but for Section 47 and 42, it is only highly plausible.