A discussion of homicide

A discussion of homicide Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . A discussion of homicide Under the facts of the scenario, Vincent had died and this would warrant a discussion of homicide. The actus reus of homicide is the unlawful killing of another. It would be unlikely that the parties concerned would be liable for murder as it seems they do not have requisite mens rea of malice aforethought for the offence. Criminal Liability Of Flavia. If Flavia is charged with constructive manslaughter, the prosecution would have to show an unlawful act which is also dangerous, caused the death of Vincent. The prosecution would be likely to rely on s23 Offences Against the Persons Act 1861 where the unlawful act is administering a noxious thing; which was successfully argued in Cato. Previous case law on manslaughter and drug supply cases has been far from consistent, but the House of Lords (HL) decision of Kennedy (No 2) was held by Ormerod as a ‘most welcomed conclusion’ to the drug-supply case law. In the case it was stated that where a vi ctim of a sound mind injected himself as a result of ‘free, voluntary and informed decision’ this would break the chain of causation. In the scenario it is stated that ‘Vincent injects himself’, we can safely assume that Flavia had not administered the injection directly and it was a ‘free, voluntary and informed decision’ made by Vincent which breaks the chain of causation. It must also be presumed that factors such as age, mental conditions or improper pressure have not affected the decision of Vincent to self-inject, if they had, Flavia could be liable; which is more likely as he is at a party. If Vincent was an addict, Clarkson would question whether taking drugs would be ‘free and voluntary’. In Kennedy (No 2) it was stated that, in relation to the scenario, that the ‘act of supplying the drugs by [Flavia], without more, could not harm [Vincent] in any psychical way, let alone cause his death’. HL did not rule out scenario where two people are ‘acting together’. This left open a ‘narrow circumstances’ which Flavia would be liable for death of Vincent, apart from where there is direct injection to the deceased. In the scenario, Flavia used her belt as tourniquet to lift a vein and this was similar to the case of Rogers (where the defendant was convicted). But this was specifically stated as ‘wrongly decided’ by Lord Bingham and we can assume that this would not amount to ‘acting together’. Additionally Kennedy (No 2) also stated; preparation and handing the syringe to victim will not constitute ‘acting together’ to give rise to liability for the death of Vincent. Lord Bingham stated ‘nothing in this opinion should be understood as applying to manslaughter caused by negligence’. Therefore we may be able to argue that Flavia is liable for gross negligence manslaughter for the death of Vincent. It is more likely that F lavia would be charged with gross negligence manslaughter, prosecution would have to prove the criteria laid down by Lord Mackay in the case of Adamako (which applies to all gross negligence cases). It would first of all need to be established that the defendant owed a duty of care to victim and the defendant breached that duty of care and this caused the death of Vincent. The breach of duty must be characterised as grossly negligent to constitute a crime; a matter for the jury to decide on.

Financial Statement Analysis Essay Example | Topics and Well Written Essays - 3750 words

Financial Statement Analysis - Essay Example For this reason, the actual presentation of financial statements with the absolute figures becomes meaningless as it does not provide a rational basis for comparing with the competitor or with the industry. The industry and competitor might have several differences due to which it is not practically justified that the analysis between the two should be made. For instance, if a company has revenues of $5 million and one of its competitors has the revenues of $500,000 then on the basis of these absolute figures, there is no comparison between the two companies. However, if the growth in revenue of the former company is, let’s say 6% and the latter company has growth in revenues of around 8%, then there is a rationale of analyzing both the companies as the same footing for comparison is available now. In short, in the absence of reasonable commonalities between the financial aspects of the two companies, the comparison of the two companies turns out to be meaningless. The best wa y to make a comparison in financial aspect between the two companies is to undertake financial ratio analysis. This analysis provides a common platform for the companies so that their performance can be compared on reasonable basis. Issues like absolute figures, size of the firms, differences in the operating activities and other issues are relaxed when financial statements are analyzed on the basis of ratios. The technique of ratio analysis works on the basis of common figures that are comparable. These comparable figures are computed as a percentage of some figures. For instance, what is the percentage of net profits with respect to sales, with respect to total asset, with respect to equity, and so on? But if stand alone figure of net profit is taken into account, then due to difference in size of the company, its value, its nature of operations, its capital structure and other elements, that net profit figure would not reflect a true picture. Structure of Article This article is developed in such a manner that the profitability analysis of two UK companies, Sainsbury PLC and Tesco PLC, has been conducted on the basis of ratio analysis. As far as the size of the two companies is considered, Tesco PLC is bigger than Sainsbury PLC. So what exactly be the measure which should be used in order to bring both of these firms to a common platform is the ratio analysis. The introductory part of the analysis briefly highlights the description of both the companies regarding their industry, history, products, branches etc. Next part focuses comprehensively upon the importance, meaning and interpretation of each of the profitability ratio. Third part of this report conducts an analysis on the basis of earlier explained ratios. Those ratios are divided into two categories such that first part of the analysis emphasizes upon the performance of each individual company on the basis of its past performance in the form of trend analysis. Second part of the analysis makes a pr ofitability comparison between the two firms on the basis of their own important heads of accounts. At the end of this report the calculation of the ratio analysis is presented in the appendix. Tesco Tesco is one of the largest retailers. It operates more than 2,300 convenience stores and supermarkets. The total number of employees working

Hebrews through Revelation Essay Example | Topics and Well Written Essays - 500 words

Hebrews through Revelation - Essay Example When the Kingdom of God is mentioned in the New Testament we at all times should take into account its context. The Jews entirely were very much anticipating the establishing of a concrete Kingly rule in which their King would govern and rule in Jerusalem and they would have an international status of authority. In Matthew 18.1, Luke 19.11, and Acts 1.6 are frequently the references to this particular Kingly rule of God in the New Testament. This was not the principle of Jesus. This alludes to the falsely held points of view of men of the Kingly Rule of God. However, Jesus explained very clearly that the Kingly Rule was not to be anticipated in this manner (Luke 17.21). His Kingly rule was never worldly or mortal (John 18.36) rather it was now existent in Him, and men should act in response to it from their hearts and offer themselves in deference and submission to God and to Jesus Christ. It led to the spreading of the word (Matthew 13). So as to experience and gain access into it m en should be conceived and given life from above (John 3.5-6). The final test was to identify whether their hearts were genuine and truly righteous (Matthew 13.1-8). There is hence a development of conception originally between the Kingly rule of God which was proclaimed the moment Jesus had been asserted by the Father as His Son (Mark 1.11) as well that which occurred when He was resurrected from the dead and received His rightful place in Heaven (Matthew