Criminal Law

complete(a) Negligence Manslaughter : Assessment of whether the Current Law in this Area is Unsatisfactory or UncertainTo conclude that a Gross Negligence Manslaughter was committed by an individual , the following conditions must be satisfied . First , there must be a commerce owed by the suspect to the victim . moment , there must be a recess of this duty that brings the victim to a risk of finish Third , the breach causes the victim s death . Fourth , there must be circumstances of breach which are so bad that is equivalent to uncouth heedlessness (Simester and SullivanNegligence , as it is generally defined , is a failure to exercise a reasonable level of safe-conduct given the circumstances and so may include two acts and omissions . Furthermore , manslaughter as it is explained in the English law of homicide is a less serious offence than hit with the law differentiating amidst levels of fault based on mens rea (a Latin term for a guilty mind (Wikipedia .orgManslaughter can be categorized as freewill or involuntary Manslaughter is said to be voluntary if an individual was wise(p)ly killed by the accused . Although the killing was conceptional , the accused is not liable for murder because of two achievable reasons - the accused defended his self because of any provocation or he has less responsibility that will reduce the offence from murder to manslaughter or the accused survived from a suicide pact . On the other hand manslaughter is involuntary if the accused had no intention to cause death or any serious lesion but caused death of an individual through recklessness (defined as a sine qua nonon disregard for the dangers of a particular shoes ) or criminal negligence . Often , the defendants of manslaughter by common negligence are people whose jobs require special skills or care . Examples of them are doctors , police or prison officers or electricians who failed to meet the standard which is expected from them , consequently causing death (Wikipedia .orgIn this , the case of Dr .

Misra and Dr . Srivastava will be examined . Dr . Misra and Dr . Drivastava were senior house officers . A enduring had an injured tendon in his knee . Because of this , he had had routine surgery to treat it . The doctors are the ones who were responsible for the patient s post operative care . HYPERLINK http /mydropbox .com /g .pl ?i 503129 d d24654d1291741f338a4ecf0 l t _blank Because of a toxic breach syndrome , the patient died The toxic shock syndrome was caused by a out of date bacterial infection . The patient had a rare bacterial infection because his wound became infected . HYPERLINK http /mydropbox .com /g .pl ?i 503129 d d24654d1291741f338a4ecf0 l t _blank Because the patient died , manslaughter by gross negligence was charged to the defendants . The bases why they were charged with gross negligence by manslaughter were the following (1 there was an allegation that they owed a duty of care to the patient (2 ) that patient s nature of illness did not have any sufficient diagnosis , so , the defendant committed a breach of his duty . In addition...If you want to get a full essay, order it on our website: Orderessay

If you want to get a full essay, wisit our page: write my essay .