Criminal law Assignment Sample 3

Introduction

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Issue

The current cases related to the criminal offence where Salim took early retirement from the Army as he was suffering from PTSD and depression. This is considered that he got the leg injury as a result of his experience. It is also taken into consideration that he had always been short-tempered but this tendency was now even worse. It was identified that on one fine day Salim was walking to a shop where a local man named Fred shout out at him and said that he looks pathetic to stay in the army where he was also identified that Salim is of no use no after this it was identified that Fred thrown an egg at Salim which landed on his jacket due to which Salim lost his temper and limped over the Fred hit him hard several times on the head with his walking stick. This was checked by a passer-by and he called an ambulance. He was seen at the hospital by Dr Wenh. Here it was considered that the doctor was tired at the end of a long shift and failed to realise the seriousness of the case. Here the issue is related to the fact that due to the non-seriousness of the doctor's Fred died on the next day. It was also identified that the issues related to the potential liability of Salim from murder arising from these facts.

Rule

It is identified that there are various forms of cases where general criminal defences in UK law are conferred. Here it is identified that the onus is on the prosecution to prove whether the individual committed the crime with the intent or not. There are General defences which can be mounted by the defence team to combat the prosecution's contention which accused individual intent. Where it is taken into consideration the general defence should be considered in every case where including automatism, intoxication, mistake and self-defence or defence of others.

In the current case, it is identified that there are two types of defences which can be claimed by Salim which include the necessity of self-defence. Here a defence of necessity can be mounted in instances where crime had been considered to either say people or from home or prevent a more serious crime. Where it is taken into account that the example of the same can be considered as tress passing on someone's property to prevent someone from drowning which could be seen as necessary Crime. Here it is identified that the defence of necessity can also be used in cases where another person while assisting the lawful arrest of an offender is taken into consideration.

It is identified that self-defence can also be considered or can be applied to the case wherein the defendant is charged with using force against another person. Where self-defence can be mounted in cases where the person is being threatened by another person or was being threatened or the property was being threatened. This defence is available to all who truly believe that and they needed to use the level of force to be charged with using. For the defence to be believed, it has to be proven that level of force was used was unreasonable. The physical characteristic of the defendant may be considered and it is for the prosecution to provide a builder case against self-defence. With the use of self-defence a person does not have to wait for physical structure before acting in self-defence. In self-defence case is unique and whether the defence can be deemed reasonable depends on the different facts and circumstances of the case is in question here, for example, it can be considered that person who was punished on the face could not take a gun shot, someone, dead and successfully processed as a defence case rather they would be convicted since legal force can only be used for the individual when there is a label and truly believe that another person is about to seriously provide injury or even kill them. Therefore there is no legal requirement that the person must retreat as far as they can from an attacker. Hence it is very much important for them to provide the ability to move away and whether or not to take this option before attacking which will be considered when the reasonableness of the force is taken into account. If an attack is sufficiently serious to put someone in peril then it would immediately be considered as defensive action with me up inadmissible. It should also be remembered that when in a state of threat the person defending should not be able to accurately assess the proportionality of the defensive actions.

Conclusion

Therefore in the current case, Salim cannot be considered guilt to Fred that have been considered as a serious crime. It is taken into consideration that self-defence can be considered as one of the factors which he can use for defence and it could also use necessity as one of the most important part to consider the same. Here it is also taken into account that the defence related to the consideration of the seriousness of the case by Dr can also be taken into account where the doctor did not use the correct information about the injury caused to Fred. Hence this would be considered one of the most important factors which can be used for the defence for Salim.