Manslaughter Is Guilty Of Unlawful Causing Death

Alcohol and drugs play a major role in these incidents as most of these “one punch” cases are caused by alcohol and drugs. In the courts when an offender is accused of “king hitting” someone that is under the influence of alcohol or drugs, it is used as an excuse to potentially receive a lower punishment. There should be no compensation for assault just because the person wasn't thinking due to alcohol or drugs. The punch should not be thrown in the first place. 1 in 8 deaths of Australians who are aged under 25 have been influenced by alcohol. This statistic shows us that the impact alcohol has on this issue is very high and is a major cause for these incidents.

However the government have not just been attempting to raise awareness about the effects of drink driving but also putting in place stricter measures for offenders so that people are deterred even more from driving whilst they are under the influence of alcohol. At present the maximum penalty for being caught drinking and driving is a £5000 fine, a ban on the individual’s driving licence and 6 months imprisonment. If the individual causes a road collision whilst they are under the influence of alcohol and cause a fatality, they can be sentenced to a maximum of 14 years in prison. Apart from the initiatives in place to prevent drinking and driving, there have been other government initiatives used in order to stop people from using their phones when they are driving, to wear their seatbelt whilst they are driving and to prevent road rage by raising awareness.

Christopher Barber son was only 69 days old when his father shook and threw him to the couch (

3. Arkansas Code Ann. § 5-10-104 – (a) A person commits manslaughter if: . . . (2) The person purposely causes or aids another person to commit suicide[.];

The problem with achieving justice with this legal response is that the police of government officials can make the determination of criminalising clubs without court oversight thus may be used to target individuals or individual associations rather than being equally applied to all. What is deemed to be more of an issue is that this legal approach virtually affects a person’s fundamental freedom to associate with whomever one pleases. This is seen throw the introduction of “guilty by association” – under which a person may be found criminally liable simply for associating with another person who commits a crime, even though that person has committed no crime his or her self. An act, which illustrates this legal response, is the Serious and Organised Crime (Control) Act 2008 (SA). The primary goal was to disrupt OMCG activities and protect the public from their violence.

Currently if a D aged 18 or over is convicted of murder, the judge must pass a mandatory sentence of life imprisonment. For offenders aged 10-17 found guilty of murder, the judge must order that they are detained at Her Majesty’s Pleasure. The fact the sentencing is mandatory and the judge has no discretion leaves a lack of ability to sentence according to blameworthiness, unlike all other offences which have discretion in sentencing; Gotts. This lack of differentiation between blameworthiness is further emphasised by the Government’s sentencing guidelines laid down in the Criminal Justice Act 2003. Under this act in cases of murders of police officers or murders involving firearms D should receive a 30 year sentence. However, in cases like that of Martin (Anthony) such a sentence would appear unjust.

In essence, the purpose of the NMDA act was to decrease the number of drunk driving fatalities. The number of drunk driving fatalities has decreased and underage drunk drivers are involved in less than half as many today as they were back then. The NMDA act can be seen as successful, only if we skim it and don’t pay attention to the details. The decrease in drunk driving fatalities isn’t mainly due to the NMDA act, and can in fact be credited due to the increase of several safety measures being taken, mandatory laws for airbags and seatbelts, increase in overall awareness, as well as stricter punishments and more serious consequences. The tendency of people to drink and drive could also be credited here.(2)

Jane and Steve have been married for five years. Steve lost his job a year ago and has been unable to find employment since then. Jane is a successful hairdresser. Steve has lost his self-confidence and has become so depressed that his doctor has placed him on medication.

The criminal justice system plays a fundamental role in achieving justice, as the system aims to protect all members of the community fairly and equally. However, in the criminal case of R v Loveridge, it is evident that the justice system fails to apply the law to equally balance the needs of the victims and the community. In this case, the offender Kieran Loveridge pleaded guilty to five counts of offences; three charges of common assault, one charge of assault occasioning actual bodily harm and one charge of manslaughter by an unlawful and dangerous act, the victim being Thomas Kelly, Loveridge received 4 years’ non-parole for manslaughter, Loveridge’s total effective sentence therefore is 7 years and 2 months with an effective

V. Nickle case. This took place in 1920 in Alberta. In this case the the court or appeal concluded that driving while intoxicated was a criminal offence and it could support a manslaughter conviction. Following this, in 1925, Parliament of Canada changed the Criminal Code of Canada to include a new offence. This offence concluded that no driving should take place while one is under a narcotic. Later on though, difficulties arose when debating how to prove someone was in care and control of the motor vehicle while driving impaired. This resulted in another change made in 1951 when Parliament once again changed the law, making it an offence to operate or control a motorized vehicle while the drivers ability is impaired by alcohol or other drugs. The breathalyzer was made into practice in 1952 which allowed for police to measure ones BAC (blood alcohol concentration). By 1962 police were using the breathalyzer for “mass testing.” However, the test was only voluntary, and could only be used as confirmatory evidence. In 1969 is when Parliament created the offence “over 80.” This meant over 80 milligrams of alcohol per 100 milligrams of blood. By 2008 drinking and driven cases made up of 12% of all criminal charges which made it the largest criminal offence group. In fact, in 2008 it was estimated that 53,000 new drinking and driving cases are heard every year in Canada. (“MADD: Youth and

The need for partial defence in murder cases has evolved through the common law and statue, in consideration of the weaknesses of the human mind to take control when faced with provocation and the challenges created by mental illness, which may result to serious violent. Court in England and Wales have experienced several difficulties in defining what “intention” (human mind) is in order to establish conviction for murder (R v Molony) 1985. This essay will therefore, discuss the need for partial defences to murder as “a buffer against the harsh effect of the mandatory life sentence for all cases of murder” in England and Wales.

Currently each state and territory in Australia has its own individual legislation concerning juvenile crime. All state and territory laws do not conform to the Conventions on the Right of the Child and it is crucial that these laws are amended to better protect juveniles. The most effective reform that could be made is for each state and territory to amend their individual legislations to increase the minimum age to be criminally responsible from 10 to 12 with the doli incapax doctrine still being applied. Although it has been acknowledged that under the common law doctrine doli incapax, children between 10 and 14 are only criminally responsible if the individual is mature enough to realise the consequences of their actions, this assessment is left to the judge, often without expert knowledge from a phycologist (Amnesty International, 2015). Furthermore, it is crucial for Queensland to raise their maximum age from 17 to 18. This amendment will allow Australia to keep up with international standards while reducing Aboriginal crime in areas where crime rates are

For many Australians, alcohol consumption is a pleasurable part of everyday life (Parliament of Victoria 2004). However in recent years there have been several reports highlighting that the proportion of adolescents consuming alcohol and the amount of alcohol they are drinking is at record levels (AIHW 2008; White and Hayman 2006; Shanahan and Hewitt 1999). The long and short term sequelae associated with risky or high risk alcohol consumption include negative physical, emotional and social consequences (NHMRC 2001). Immediate harms include accidents, injuries, decreased scholastic and sporting performance, aggression, violence, assault, disrupted family relationships, high risk sexual activity,

Officers are the ones who protect the people. They need respect from the communities and the society.“If I get knocked down six times, I will get up seven times”(White). Police officers go through a lot of things on patrol, but they never give up. They do everything by their might in order to serve and protect. Officers who patrol are the ones who interact with the community everyday. In the green bay area, each year Green Bay Police Department (GBPD) patrol officers’ respond to or self initiate over 80,000 calls for service in the city of Green Bay. That is an average of 219 calls for service per day and equals almost 1 call for service per resident of the city. “Although call volume spike during the warmer weather, the patrol officers handle at least 3,000 calls per month, even in the dead winter”(GBPD).

R v Andrew Leigh Jones pleaded guilty in the magistrate court to trafficking a controlled drug and well as 12 other offences that was brought up from the magistrate court to be sentenced in accordance to section 18 A. Some of the 12 other offences included 5 counts of failing to comply with bail agreements, 2 counts of driving while disqualified, 1 count of driving a motor vehicle without being authorised, one count of driving an unregistered vehicle, 1 count of driving an uninsured vehicle, 1 count of possessing a prohibited weapon and 1 count of unlawful possession. For trafficking a controlled drug a maximum penalty of 50,000 or imprisonment for 10 years while the other 12 offences accumulative not including drug trafficking