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British cases legal importance

The three cases chosen are R. v. Moloney (1985), Airedale National Health Service Trust v. Bland (1993) and R. v. R. (1991). Taking each case separately, endeavours will be made to show in what way they are significant in legal terms, also in social or cultural terms, where apposite. It shall be stated whether each is a public or private matter, public concerns relating here to serious crimes, private concerns to torts, and the consequence, remarked upon. Intention, forethought, recklessness, and murder will be considered around R. v. Moloney (1985), whether an act or omission has taken place, consent, and euthanasia, around Airedale National Health Service Trust v. Bland (1993) and in the case of R. v. R. (1991), marital rape and the conjugal rights of men and women. For a defendant to be found guilty of a crime, both the actus reus and the mens rea for the offence should be present. Both terms have very specific meanings, that may alter dependant upon the offence committed, but in general, the actus reus is the guilty act or acts of the person committing the wrongdoing, that is, all the aspects of a offence except for the state of mind and the mens rea, the mentality of the lawbreaking person, which encompasses intention, k


St Brendan's Sixth Form College, 'A' Level Law notes, John Deft, (St Brendan's Sixth Form College, http://www.stbrn.ac.uk/other/depts/law/, 2000)

Should euthanasia be legalised? Euthanasia offers a person the chance to select without intrusive medical intervention, the time, and the manner of his or her own death. In theory a doctor who knowingly administers a lethal dose of painkiller could be found guilty of murder, though in practice convictions are rare. Judge Devlin in his precis, in the case of Dr John Adams (1957); who injected a lethal dose of sedative to a terminally ill, eighty four year old woman; declared, "If the first purpose of medicine, the restoration of health, can no longer be achieved there is still much for a doctor to do, and he is entitled to do all that is proper and necessary to relieve pain and suffering, even if the measures he takes may incidentally shorten human life."

Smith and Keenan's English Law, 9th Edition, Denis Keenan, (Pitman Publishing, London, 1989)

"A" Level Law: Cases and Materials, Third Edition, Hogan, Seago and Bennett, (Concise College Texts, Sweet and Maxwell, London, 1994)

Criminal Law, Third Edition, Catherine Elliott and Frances Quinn, (Pearson Education Limited, Longman, Essex, 2000)



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Approximate Word count = 2408
Approximate Pages = 10 (250 words per page double spaced)


  

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