Tutorial works of R v Malcherek and Steel.docx PDF

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Tutorial works of R v Malcherek and Steel.docx

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R v Malcherek and Steel [1981] 2 ALL ER Two separate appeals were heard together. In Malcherek the defendant had stabbed his wife. In Steel the defendant was accused of sexually assaulting and beating a woman over the head with a stone. In both cases the victims had been taken to hospital and placed on life support machines. The doctors in the respective cases later switched off the life support machines as both victims were not showing any activity in their brain stem. The defendants sought to argue that the doctors' actions constituted a novus actus interveniens which broke the chain of causation. Held: Convictions upheld The test of death is where the brain stem has died. Thus at the time of switching off the machine, the victims were already dead. The doctors could not therefore be the cause of death. Words: Transpire: (of a secret or something unknown) come to be known; be revealed. Contraband goods: that have been imported or exported illegally. Prosecution: the institution and conducting of legal proceedings against someone in respect of a criminal charge. Comply: act in accordance with a wish or command. Altercation: a noisy argument or disagreement, especially in public. Redundant: not or no longer needed or useful; superfluous. BRITISHno longer in employment because there is no more work available. "eight permanent staff were made redundant" Untenable: (especially of a position or view) not able to be maintained or defended against attack or objection. Similarity: Indefensible,undefendable, unarguable Subjective refers to personal perspectives, feelings, or opinions entering the decision making process. Objective refers to the elimination of subjective perspectives and a process that is purely based on hard facts. Definition of material time: material time means the time when the contravention giving rise to the Penalty Charge is said to have occurred. material time. ( 關鍵時間) Verdict: a decision on an issue of fact in a civil or criminal case or an inquest./ an opinion or judgement. Automatism: the performance of actions without conscious thought or intention or involuntarily.

Trite Law Definition: A principle of law so notorious and entrenched that it is commonly known and rarely disputed. ... "It is trite law that a decision may be quashed on judicial review if the court is unable to find that the opinion had an evidentiary foundation."// Noun. (plural trite laws) Things that are obvious; laws that are common knowledge

Law key words: Beyond a Reasonable Doubt. The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty. What is the difference between probable cause and proof beyond a reasonable doubt? In the criminal context, the U.S. Supreme Court in United States v. ... The "beyond reasonable doubt" standard, used by criminal juries in the United States to determine guilt for a crime, also contrasts with probable cause which courts hold requires an unquantified level of proof well above that of probable cause's 51%.

Probable Cause: Reasonable grounds to believe that a particular person has committed a crime, especially to justify making a search or preferring a charge. What is the interpreted meaning of probable cause? probable cause is more than bare suspicion; it exists when the facts and circumstances within the officers knowledge and of which they had reasonably trustworthy info are sufficient in themselves to justify a man of reasonable causation: in the belief than an offense has been or is being committed. What is an example of probable cause? Common examples of probable cause include the sight or smell of contraband in plain view or plain smell or an admission of guilt for a specific crime. The presentation of any of these facts would allow an officer to perform a search and make an arrest. What court case established probable cause? In Brinegar v. United States, the U.S. Supreme Court defines probable cause as "where the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed." What is the difference between probable cause and reasonable suspicion? Probable cause is the logical belief, fully supported by the facts and the circumstances, that a crime was, is being, or will be committed. The distinction between the two concepts is that probable cause is based on specific evidence of a crime, but reasonable suspicion is less specific and more speculative

Error Law and Legal Definition. Error means an assertion or belief that does not conform to objective reality. ... To win on appeal, the higher court must find that the lower court erred, meaning made a mistake, typically one of a legal nature...