UK Law on Voluntary Manslaughter

UK Law on Voluntary Manslaughter Jocelyn Ayres Diminished responsibility.This is one of the three special defences which exist for the defence of murder. It is contained in the Homicide Act of 1957 and is modified by the Coroners and Justice Act 2009. When the defence of diminished responsibility is pleaded successfully it can reduce a murder conviction to manslaughter. To use diminished responsibility the defendant must be able to demonstrate one of the following: An abnormality of mental functioning caused by a recognised medical condition. The question of whether the defendant is suffering from the abnormality of a mental functioning is decided by the jury after hearing medial evidence.   The jury dont have to follow the medical evidence. Some examples of what counts as an abnormality of the mind include Jealousy, Battered woman syndrome, pre-menstrual tension, Epilepsy and chronic depression. An example of this is R v Byrne. The appellant murdered a young girl staying in a hostel, and mutilated the body. He did so as he was suffering from irresistible impulses which he was unable to control. Abnormality of mind was wide enough to cover the minds activities including the ability to exercise will power. He was allowed the defence to reduce the charge to manslaughter. The abnormality must provide an explanation for defendants act or omission in being party to the killings.   This follows from the old law which required the abnormality to be caused by an arrested or retarded development of the mind or induced by injury or disease. Alcohol and drugs are not considered unless the abnormality is alcoholism or drug addiction. Something like binge drinking doesnt allow the defendant to use diminished responsibility. Case law for this could come from R v Wood. The appellant was an alcoholic who had been sleeping rough. He was friends with a group called the breakfast club and had been drinking heavily with them for the past two days before the attack. He was invited to spend the night at the deceaseds house. During the night, he woke up and found the deceased trying to perform oral sex on him, he attacked him with a meat cleaver and hammer killing him. The judge said that a mans act is involuntary if, and only if, it is it very difficult to do otherwis e. The appellant appealed this and the conviction for murder was quashed. Which substantially impaired his/her mental ability. The defendant must show that the abnormality of the mind must have substantially impaired their mental ability to either understand the nature of their conduct, form a rational judgement or to exercise self-control. This is something for the jury to decide after hearing the medical evidence. A case example for this diminished responsibility is R v Campbell. The appellant killed a female hitch hiker he had picked up when she refused his sexual advances. She wanted to go from Oxford from London. He pulled up at a remote spot and made a pass at her. She hit him in the eye and he punched her in the throat. She began gurgling and blood came from her mouth. Realising the force he must have hit her he panicked and strangled her. He killed her by hitting her with a hockey stick. The appellant had frontal lobe damage and epilepsy. He appealed for diminished responsibility with medical opinion that the effect of his epilepsy and lobe damage affected his judgement, control of emotions and impulses and forward planning. His conviction for murder was ended and he went to retrial. Provocation.Provocation is part of the special defences for murder, like diminished responsibility. The requirements for the defence of provocation are: There must be evidence of provocation. This requires there to be evidence that the person charged was provoked by things done or said. There is no requirement that the provocative act was deliberate or aimed at the victim. Even something like the constant crying of a child can be used as evidence. Without the evidence the judge cannot put the issue of provocation to the jury. The jury can consider actions that happen over a period. The defendant is allowed the defence if they induced the provocation. A case example for this is R v Johnson. The appellant was at a night club. A woman called him a white nigger. The appellant was white but had taken to adopting a west Indian accent. He took exception to the comment and made threats to her. A male friend of the woman intervened and poured a drink over the appellant. A fight happened and the appellant stabbed the man and he died. He argued that he was acting in self-defence. The judge directed the jury on self-defence, which they rejected, but did not direct them on provocation. He was convicted for murder which he appealed, and it was swapped for manslaughter because of the provocation. Loss of control. This requires the accused to be provoked into losing their self-control. The definition of provocation came from R v Duffy, and is some act, or series of acts which would cause in any reasonable person and causes in the accused, and sudden and temporary loss of self-control, rendering the accused so subject to passion as to make him or her for the moment not a master of his or her mind. If there is any evidence of planning this will demonstrate no sudden and temporary loss of control. The loss of control need not be complete to negate murderous intent. Case law relevant to this is R v Richens. At the age of 17 the appellant killed a man who had raped his girlfriend. The deceased had taunted him about the rape saying that his girlfriend wanted to have sex and that she had enjoyed it. At which point the appellant stabbed him. The defendant raised the defence of provocation at the trial and the judge directed the jury on loss of control, saying that it doesnt apply to l osing that kind of control, and that it is a complete loss of control, to the extent that you dont know what youre doing. He appealed against the jurys conviction of murder. The provocation must be such as to make a reasonable man do as the defendant did. This is a question for the jury who must balance the gravity of the provocative act against the actions expected of a reasonable man. This is problematic when courts try to interpret and apply the section and it gets appealed regularly. Originally it was objective and no account could be taken of characteristics of the defendant in assessing this. However, it was accepted that particular characteristics could be taken into account, and this lead to some uncertainty. The characteristics must be sufficiently permanent. Some case law for this part of provocation in R v Ahluwalia. The appellant poured petrol and caustic soda on her sleeping husband and then set him on fire. He died six days later from the injuries. The couple had an arranged marriage and the husband had been violent and abusive throughout the marriage, he was also having an affair. On the night of the killing he had threatened to hit her wi th an iron and told her he would beat her the next day if she didnt give him money. At the trial, she admitted to killing him, but used the defence of provocation. She was however, convicted of murder. She appealed this decision and raised diminished responsibility. Diminished Responsibility Case Mary and Peter Abnormality of the mind For Mary, the abnormality of the mind would be her post traumatic stress disorder, which is recognised as a medical condition. The jury would decide if he is suffering for this by looking at medical evidence. Explanation Marys PTSD would have be part of the explanation of why she acted in the way she did, and killed Peter. PTSD can be triggered by sights, sounds and feelings they experience, for example being shouted at by Peter. This trigger can cause an intense emotion and physical reaction, stabbing Peter with a bayonet. Impaired mental ability Mary would also have to show that her PTSD affected her own mental ability to form a rational judgement or to exercise her self-control. The Jury would then use medical evidence to decide if this is the case. Provocation Case Mary and Peter Evidence She would need to have evidence of Peter insulting her and telling her that he hated her to be able to use it as part of her defence. She would be able to argue that he provoked her into stabbing him. Loss of Control This could also form part of Marys defence. This is because she had been soldier, and was suffering from post-traumatic stress disorder. She could say that it affected her judgement her self-control of her emotions, and that is why she acted in the way that she did. Reasonable man defence The jury would need to decide if a reasonable person would act in the same way as Mary did in that situation. This is difficult to use because it is very objective, and based on the juries opinion. Provocation Case Sarah and Michael. Evidence Sarah would have been provoked by Michael smirking because about sexually abusing young boys. This could also be affected because she is a mother. She would need to have evidence of him doing this. Michaels actions would still be considered provocation, even though Sarah had initiated it by confronting him about the sexual abuse. Loss of Control Sarah could say that the fact that he smirked at the accusation of sexual abuse provoked her, and this caused her to lose her self-control. That would explain why she acted in the way she did. Reasonable man defence The jury would need to decide if a reasonable person would act in the same way as Sarah. This is difficult to use because it is very objective, and based on the juries opinion. Diminished Responsibility wouldnt apply to the case of Sarah and her Neighbour as there is no evidence that she had an abnormality of the mind. The fact that she   was drunk would not be able to be used as evidence, because this defence requires it to be a history of alcoholism.

Inventory Control System and Restaurant Essay

In the study conducted by Md Taha Hanisha entitled Online Restaurant Management System (2008) a system that provides service facility to restaurant and also to the customer. The services that are provided are food ordering and reservation table management by the customer through the system online. With this system online, ordering and reservation management will become easier and systematic to replace traditional system. With this study, the ordering and reservation services will be easier to the customer because it can be done through the internet. The study helps the proponents to improve the services of the business through online and they knew the different demands that the company must meet. According Li, et. al. (2011), the E-commerce on-line catering reserving and ordering system based on mobile intelligent terminal is system integrates with wireless communications, artificial intelligence, and database technologies and achieves many functions, such as reserving, ordering, evaluation, recommending, restaurants navigation, scheduling, information displaying, and ordering records management, etc. The system has realized customer-focused, personalized, and high quality catering reserving and ordering service and has been used in several restaurants in Beijing. With the use of modern information technology it improves the operational efficiency of restaurant and catering enterprises. This study gives the proponents an idea to which the system helps the business in different operations with the use of the technology. The system integrates with wireless communications that could help the company to have a high standard performance. Local Related Literatures According to the studies conducted by the Distributors Edge (2010), Distributors of all kinds are now facing challenges to their survival and success as today’s difficulty economy puts increasing pressure on inventories. As competition in testifies, cost raise, customer expectations increase, and profit margins continue to shrink; the margin for error around inventory management has continuously narrowed. Now, wholesalers/distributors are forced to confront the dilemma associated with inventory. They must determine how to keep stock levels as low as possible without sacrificing customer service. Unfortunately, their pain points are increasingly exposed. Whether they are stocking electrical supplies, medical devices, automotive parts, food and beverage products, building materials, or products from other sectors, most distributors are now challenged to rethink their approaches to inventory management. At this point, the proponents became aware of the current situation of inventory systems through the passing and upcoming years and that inventory system now must be accurate and perfectly working in order to provide good service and satisfy the users. Foreign Related Studies In the study conducted by David Piasecki entitled Inventory Management System (2012) a multi-user application that offers fast and user friendly facilities for registration and managing a wide range of telecommunication networks and platforms. This includes IP, MPLS, SDH, SONET, PDH, WDH, Fiber, Ethernet, NGN, Frame Relay, Mobile, DCN, Sync etc. can be used across the entire organization. This means that the needs of the technical departments, sales through to senior management are all well catered for. A comprehensive, integrated view of the entire network can be represented by IMS and can be used to automate delivery and communications. Automatic configuration, Planned Work impact analysis, Network Reconciliation, Single Point of Failure calculations, Warehouse and Spare Management are all facilities which increase the effectiveness in terms of speed and consistency of delivery. This study helps the proponents to know on how a business must manage its inventory to have a better performance of the operations. There are different modules specified, with this, the proponents were able to have a guide to make the inventory system effective and useful in the business. In the study conducted by Admin entitled Wasp Inventory Control System (2010) a system that will help the individuals to eliminate a common inventory problem including Costly end of yearly inventory write-offs, Inaccurate inventory counts resulting in customer dissatisfaction and loss of sales, Wasting time spent searching for missing inventory. Engineered to improve efficiency and profitability, Wasp Inventory Control provides the capabilities you need to accurately track inventory, without the complexity of an enterprise solution. Idea for businesses ranging from individual contractors to larger operations with multiple locations, Control delivers advanced capabilities in an easy-to-use. After reading the article above, the proponents chose this topic because the system can help to lessen a huge amount of problems within the company regarding the yearly cost and the inaccurate inventory counts. With this, the system can control the operation well because of the capabilities it provides. According to Khimes, Restaurant customers appreciate the convenience of being able to make restaurant reservations online, but they also like the personal touch of telephone reservations. A study of 696 restaurant customers found that nearly one-third had made an online reservation. Those who made reservations online tended to be younger than those who did not, and online users also ate out more frequently. Those who made online reservations considered those reservations to be significantly more convenient than telephone reservations, and the online users also thought that websites gave more information about a restaurant than what they learned by calling on the telephone. At the same time, those online users felt that they had a better personal connection with the restaurant when they made telephone reservations. This tradeoff between efficiency and service perceptions points to a strategy of offering reservations via both methods. Emphasizing the convenience of online reservations may encourage customers to use the website, and that will give restaurant operators more information about their customers. Whether a restaurant uses a third-party reservation service or builds its own website, one key to ensuring a successful reservations process is to make the electronic process as straightforward as possible. At this point, the proponents come up with an idea regarding the effective way on reservation process on restaurants. And also, they determine what is more convenient to the customer in making reservation online or through telephone. Giving emphasis to the convenience of online reservations may encourage customers to use the website, and that will give restaurant operators more information about their customers. According to Tiffany (2012), if you are owner of a restaurant then you can consider the system called online restaurant reservations. Utilizing reservation system for your restaurant is a much better idea for you to develop your business and increase your customers as well. If you wish to install reservation system for your restaurant then you have to think about some important aspects. With the help of installing online dining reservations system it is possible for you to run your business more effectively than ever before. Also this system includes some of the effective tools which really help you to have a proper plan on managing the tables. So it should be best deal for you to earn more income. You can even get restaurant reservations online system with the combination of table management system. These days many of the restaurant businesses providing this online restaurant booking option to their customers. Many of the restaurant owners create websites for their business in order to reach the customer instantly without any difficulties. So it is very simple for the people to get details about the particular restaurant by searching internet. But your business site must be more attractive one with some superior pictures of your restaurant and even you can upload some special dishes pictures next to the menu on your site. As a fact the visitors will be impressed and they can prefer your restaurant to order their favorite foods. So most of the time, you can find a huge number of restaurant reservation systems providers on the internet. This study gives a lot of ideas to the proponents, there are such benefits and advantages for the company if they have websites and online services such as reservations and other transactions. Today, business must track on the innovation of the modern technology so that they can meet the demands of the user. This kind of advertising can definitely impress people to have preference on the restaurant. Local Related Studies In the study conducted by JeonSoft Solution Enterprises entitled JeonSoft Inventory System (2003) provides easier and faster way to monitor the movement of your business’ stock of goods. It is interactively designed to possibly do the common tasks done in customary way. From item entry, releasing of the items, inventory adjustment, transferring of goods from one warehouse to another and production, sure you can keep track of your inventory. JIS uses JibesXP Tools that has been especially configured with properties that would help you organize well the flow of your inventory. After reading the article above, the proponents chose this topic because the system provides an efficient way monitoring the movement within the company’s stocks releasing items, inventory adjustment, transfers and other productions or operations.

Should We Abandon Piaget’s Theory Given the Amount of...

Developmental psychology 2 Should we abandon Piaget’s theory given the amount of criticism it has received over the year? Jean Piaget (1896-1980) in his early years of age was a biologist who originally studied molluscs but later he moved into the study of the development of children s understanding, through observing them and talking and listening to them while they worked on exercises he set. He started his tests with his own children on describing the mechanism by which the mind processes new information. His views of how children’s minds work and develop have been enormously influential for parents, scientists, philosophers, and most particularly influence the educational theory (Siegler, 2005). Piaget noticed that infants have†¦show more content†¦The next stage generally begins at about seven years of age and ends at about 11. During this stage, children begin to reason logically, and organize thoughts coherently. The child advances in his or her ability to use symbols, especially in a logical way. Mathematics becomes easier, but such concepts are used in a material way. Numbers are understood as applying directly to things, fingers, or lines scratched on a paper. From age twelve or thirteen through adulthood we live in the Formal Operations Stage. (Siegler, 2006) This means that they doing abstract thinking and applying that thinking to the real world. It means experimentation and understanding that experiments can have broad applications. The formal operational stage is characterized by the ability to formulate hypotheses and systematically test them to arrive at an answer to a problem. (Siegler, 2005) Although in the next decades since Piaget’s theory of cognitive development became widely known, other researchers have contested some of his principles, claiming that children’s progress through the four stages of development is more irregular and less constant than Piaget believed. They found that children do not always reach the different stages at the age levels he specified, and that their entry into some of the stages is more gradual than was first though, for example, infants

The vulnerability of computerised accounting information...

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