Friday, November 1, 2019

Law of Criminal Evidence Essay Example | Topics and Well Written Essays - 1500 words

Law of Criminal Evidence - Essay Example It is logically connected to the evidence, or, conversely, lack of it .It does not involve proof to an absolute certainty; it is not clinching evidence; nor is it an fictitious or minor doubt; moreover, proof is required that the accused is guilty, and the jury also that finds the defendant to be guilty too. In R v Letenock (1917) 12 Cr. App. R. 221 the defendant claimed that he erroneously believed that the victim was about to attack him. The Court directed the jury that his inebriated state was immaterial unless his state of inebriation was so high, so as to render him oblivious of his true senses. The Court of Criminal Appeal overruled his sentence for murder and, instead, brought in a verdict of manslaughter. "However, a drunken mistake concerning provocation can still afford a defense."(Dingwall 2007. P. 137). This case may be viewed as a reversal of the facts in above R v Letenock (1917) case when the defendant claims that he was not under the influence of alcohol when he committed the offence. The fact whether he was drunk while the accident occurred, or not, is not so material in this case as the truth that he has killed a man. If what he says is true, he should be charged on a higher complicity of murder, since he claims he was in his full senses when the accident took place, as compared to manslaughter, carrying a lower sentence, if he had knocked Daljit, under the influence of alcohol. Thus, in this case the Courts shall have to consider the conduct and behaviour of the defendant when the offence took place. Criminal jurisprudence and human behaviour is a complex subject and it is only after a complete investigation of the case, that a verdict could be arrived by the Courts. It is only with the assistance of well developed and engaging process of data collection and processing that the difficulties and challenges posed by crime and misdeeds data could be substantiated and, through it, building-up of a case for positive alcohol-related criminal proceedings could be enforced. Legal dimensions: Criminal misdeeds under the influence of liquor have a statutory definition, entailing individual behavior and licensing laws. The offences on the statute book are unambiguously related to the consumption of alcohol (a series of other offences cover the area of licensing): Offences where alcohol consumption by the defendant is intrinsically related to the offence, e.g. drink driving, drunk and disorderly, aggravated drunkenness, death by careless driving, while under the inebriated influence of alcohol. "Drink driving offences alone are judged against a fixed, objective standard based on a prescribed alcohol concentration in the body. However, in law, 'alcohol-related crime' can also be defined in conjunction with a professional opinion that the offender was under the influence of alcohol at the time they committed the offence. Police officers apply this subjective standard in relation to many 'statutory' alcohol-related offences, but also do so in any case where the condition of the alleged perpetrator is deemed relevant to the case." (Tierney & Hobbs 2003). Answer to Question1 (ii) 1) Provocation: It could be interpreted as being an act undertaken on the spur of the moment which was induced by the victim's

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