Thursday, February 6, 2020
Case of law Essay Example | Topics and Well Written Essays - 500 words
Case of law - Essay Example In 1981, the accused was convicted on eight counts by the Crown Court at Birmingham that included one count of manslaughter. Later on, the accused appealed against the conviction of manslaughter that was dismissed by the court of appeal. I strongly agree with the court's decision in this case. This agreement is based on a reasonably through understanding of the principles of causation. One basic thing about law is that it is a vibrant and continually evolving institution that is open to relative interpretations. However, it is imperative for this institution to retain a sense of stability amidst this continuity by rejecting to compromise on some fundamental concepts that include the principles of causation. The decision of the court in this case is justified in the sense that it emphatically refused to allow a relative interpretation of the basic and long standing principles of causation and reinforced the need for an adherence to the long cherished fundamentals of causation. Sine qua non or 'but for' is the fundamental limb of any causation test. This initial step in establishing causation in the given case reveals without doubt that the death of the girl would have never occurred 'but for' the situation unleashed by the appellant. Infact her death was the culmination of a long chain of events initiated and perpetuated by the appellant.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment