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 sham while Jane is reading a book. Jane objects to the noise and asks Martha to switch rancid her music. An argument ensures and Jane tells Martha that she is an inconsiderate old witch. Martha then flies into a foolishness 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. unlawful manslaughter is common law and is an unlawful killing of a serviceman being where the suspect does not have the intention, either orient or oblique, to kill or to cause grievous sensible harm.

To find Martha conscience-smitten of unlawful act manslaughter it has to be proved that she ca apply the death 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 test which says that the defendant can only be guilty if the consequence would not have happened but for the defendants conduct. This can be seen by the case of White (1910).



in this case the defendant congeal cyanide into the victims drink 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 court held that the defendant had everything in motion to do his unlawful act.
Another case illustrating factual causation is the case of Pegett (1983). In this case the defendant used his pregnant wife as a human shield. The guard returned fire and the the girlfriend was killed by the police 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 shoot out.
It could be argued that Jane would tacit be alive if it was not because of Martha stabbing her with the knitting needle which caused the death....If you want to get a full essay, order it on our website: Orderessay



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