CRIMINAL LAW Coursework Example | Topics and Well Written Essays - 2000 words

CRIMINAL LAW - Coursework Example In the process, he releases a lion and a tiger. The lion then proceeds to kill a person nearby. The issue is whether the entry release of the dangerous animals and the subsequent killing renders Oscar liable for murder or not. In examining the murder, it is essential to evaluate if it leads to a liability of involuntary manslaughter or not. Rules In involuntary manslaughter, the actus reus is an unlawful and dangerous act. In R V Slingsby (1995), a woman died when a man conducted dangerous sexual acts on her. Although the defendant argued that it was an ordinary sexual act that had gone out of scope, it was held that he was guilty because the act was dangerous and unlawful. In R V Church (1965), the term 'dangerous' was interpreted to mean that it exposes another person to a risk of some harm. Based on this, if such an act is conducted, a person will be guilty of committing involuntary manslaughter. The mens rea of involuntary manslaughter is to commit an act that is obvious to every reasonable person as a dangerous act. In spite of this obvious indication, the defendant proceeded to commit that act. In DPP V Newbury and Jones (1976), the defendants were two teenage boys. They threw a piece of stone from a bridge into a passing train. This hit and killed a guard who was sitting in the driver's compartment. It was held that they had committed involuntary manslaughter because it was obvious to them as reasonable people that they undertook a dangerous act when they foresaw the consequences of their actions. Due to the nature of involuntary manslaughter, the most likely defence is diminished responsibility under section 2 of Homicide Act, 1957. This means that the defendant was suffering from an abnormal mind which caused him to fail to exercise willpower and committed such acts (R V Byrne 1960). Also, a person with a substantially impaired mental responsibility could be plead on the grounds of the impairment (R V Lloyd 1967). Application In this case, Oscar decide s to go to the premises of Peter's circus. He did this and released the dangerous animals because he believed they were being ill-treated. In releasing the animals to prevent them from being 'ill-treated', he failed to realize that he was releasing them into a populated area where the animals could cause havoc to human beings. Releasing a lion and tiger was dangerous. Also, it is apparent that he did not seek the consent of Peter who is licensed to keep the animals under lock and key as a circus operator. This constitutes a trespass under Common Law and makes the act illegal. It should have been obvious to Oscar that an ill-treated lion or tiger was much better caged than released into the society. This is because if the caged lion or tiger is released in an urban centre, it would cause carnage and kill a lot of people. On the balance of probabilities, it should have occurred to him that releasing the animals could cost human lives. However, he did not take time to reconsider that. This makes it a valid mens rea for the commission of involuntary manslaughter. Conclusion In conclusion, Oscar committed the actus reus of unlawfully entering the premises of Peter and releasing dangerous animals that killed a human being. Also, he was negligent and did not think much about his actions. As such, he is guilty of manslaughter. Due to the circumstances, his only credible defence is to plead on the grou

Global Business Entry Strategy Research Paper Example | Topics and Well Written Essays - 500 words

Global Business Entry Strategy - Research Paper Example The organization was founded by Todd Park and Jonathan Bush in 1997. The company became public in 2007 when the managers of the firm sold its shares in public. The company’s headquarters is at Watertown in Massachusetts and it has branches in India. The Health Inc may penetrate the United Arab Emirates market through the use of Greenfield investment. Greenfield investment is one that involves building a manufacturing plant from the ground until it becomes a fully operating company. This means that an organization transfers its competencies in the new market so that it can produce all its products in this location (Rogmans, 2012). The managers of Athena Health Inc need to start by acquiring a license that allows the company to construct a plant and conduct business in UAE. The managers should then plan how they will begin the investment project after purchasing land and acquiring permission to conduct business in the country. The business plan includes projection of costs of constructing the firm and the profits that the business expects to earn in the new business (Rogmans, 2012). The company will hire experts such as engineers and experts when making the plan so that they can help in the predictions of technical aspects of the business. For example, the company must hire environmentalists who will help in forecasting the organization’s future level of pollution. The company must then write an environmental report and present it to the UAE environment authorities for approval. This is because each country has an acceptable level of pollution beyond which firms are not expected to continue their operations (Hubbard, 2013). The company will create relationships with the government through the tax department, and the environmental authorities in the new location. This is because the organization has an obligation to file its tax returns and not exceed the acceptable level of pollution. The company may create