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Essay / Research Paper Abstract
This 9 page paper considers criminal liability under UK law. The writer considers factors such as actus reus and mens rea are considered, and then their use is demonstrated by application to a sample case. The case involved a potential charge of causing death by reckless and another of potential gross negligence in a hospital. Numerous cases are cited throughout. The bibliography cites 7 sources.
Page Count:
9 pages (~225 words per page)
File: TS14_TEcrimli.rtf
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Unformatted sample text from the term paper:
the car at his wife, hitting her and leaving her with a head injury. In hospital she subsequently dies as a result of the failure of an anaesthetist to notice
that an oxygen lead was not connected. In considering if and where there may be criminal liability then we need to look at the case of Dinsdale and the anaesthetist
separately. It is worth noting before we start, that in additional to criminal proceeding there may also be action available under the law of tort. However, this is not
considered in this paper. In considering criminal action we first need to define what criminal law is and the basis upon which it operates. Criminal law can be seen
as being the consideration of actions that the state believes should be punished. Criminal law is not concerned with individual rights, and
does not seek to remedy a situation. In other words a crime is a public wrong, however, not all wrongs are criminal. Smith and Hogan (1999), describe crimes in the
following way; "Crimes, then, are wrongs which the judges have held, or Parliament has from time to time laid down, are sufficiently
injurious to the public to warrant the application of criminal procedure to deal with them" (Smith and Hogan,1999).
Therefore, we can also see that there maybe some acts which we feel to be immoral or unethical, but they do not constitute criminal acts, whereas other action
may be criminal, even if we do not feel that they offend our morals. In considering criminal law the moral aspect needs to be remembered, but the case is made
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