Q1) He is encouraged by J, K and L to become a suicide bomber at an embassy. As H prepares to set the timer on the bomb, it explodes, seriously injuring her, J and K. However, L is lucky and is unhurt. J refuses to consent to any treatment, declaring that he wants to die for the cause of justice.as a result J dies. At the hospital. K consents to an operation. Unfortunately, K is treated by a doctor who has been up all night because the hospital is short-staff. As a result, the doctor does not check K’s allergy records and administers the wrong treatment, K dies. H eventually recovers
Advise the prosecution of what charges would be appropriate against H and L.
Q2) At a party, Simon and Fred notice Alice dancing on the table. Alice, who was very drunk, smile at them. Fred went over to the table and put his hand inside Alice’s skirt, indecently touch her and tried to pull her of the table. Hearing what he might do, she kicked him, causing him to suffer a black eye. She became too drunk to get down from the table unaided and so Simon lifted her down. He help her to go upstairs and then had sexual intercourse with her. He later said that, as she did not resist his advances, he thought that she was consenting. Alice’s boyfriend, Gerrard, was angry when he found out what had happened, he telephone Simon and told him that he would beat him “to a pulp” if Simon left the house. Simon was too frightened to leave the house for over a week
Consider the criminal liabilities, if any of the parties.
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Charges against H and L
In the instant case the actions of H have resulted in death of J and K. As per the facts H was instigated by J, K and L to become a suicide bomber and the death of J and K is caused by the bomb. It can be stated that it is an instance of Homicide.
In the instant case “H’s” act can be classified as involuntary manslaughter. Involuntary manslaughter is in contrast to voluntary manslaughter and occurs where a person kills, but does so without the intent to kill or cause GBH. Apart from the absence of the requisite intent, all other elements of the offence are the same as for murder. There are two types of involuntary manslaughter, namely:
1. That caused by the defendant's gross negligence; and
2. That caused by his unlawful or dangerous act.
Death of J
The instant case is that of Gross Negligence Manslaughter. This is where the death is a result of a grossly negligent (though otherwise lawful) act or omission on the part of the defendant. The law in respect of this has been clarified in the case of R v Adomako where a four stage test for gross negligence manslaughter known as the Adomako Test was outlined by the House of Lords....