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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....
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