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12 year old minor, with learning difficulties caused the death…

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12 year old minor, with...
12 year old minor, with learning difficulties caused the death of a fire fighter because he made regular hoax calls to the fire services. one day the driver working at the fire services rushed as he was alerted that the school was on fire, on his way to the school he had a fatal accident. should the minor be charged for causing the death?
Submitted: 8 years ago.Category: UK Family Law
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Answered in 1 hour by:
6/17/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Family Law
Satisfied Customers: 71,527
Experience: Over 5 years in practice.
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Is this for an assignment by any chance?
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Customer reply replied 8 years ago
which green accept button?
Solicitor: Jo C., Barrister replied 8 years ago

Forget about that. You won't see that till you get an answer.


Is this for an assignment?

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Customer reply replied 8 years ago
noo, it's a past paper question, well it's a past paper moot question, i'm findind it difficult to answer.i have the relevant cases i want to use but i cant find a very good structure for it.
Solicitor: Jo C., Barrister replied 8 years ago
OK. What don't you understand?
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Customer reply replied 8 years ago

how to write a convincing arguement for the judge. this is just a practice if i cant answer it how will i be able to answer the real set question. I'm the one prosecuting and i don't know how to submitt my arguement

 

Solicitor: Jo C., Barrister replied 8 years ago

 

OK. Why don;t you write it and I'll check it for you? You just need to break it down into points and then add the substance to it. Its easy to prosecute.

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Customer reply replied 8 years ago

yh i have broken it down into points but i don't know how to add the substance i could send you what i have written for my structure answer

 

Solicitor: Jo C., Barrister replied 8 years ago

Yes, you can either email it to me at [email protected] but include a link to this post so the mods know its for me.

 

Or you can copy and scan it on here.

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Customer reply replied 8 years ago

Structure answer

Intro- the reasonable person is a person having the power of self control to be expected of an ordinary person of the sex and age of the defendant.

Good Facts the defendants actions contributed and accelerated the death of the appellant

The defendant attended the same school as with other 12 year old disabled children

the defendant made regular hoax calls to the fire fighters

Cases and authority

R v Kemp Lord Devlin J said the law is not concerned with the brain but with the mind.

R v windle 1952 the defendant killed his wife by giving her an overdose he suffered from a mental illness but he knew that he was comitting a crime hence his remark to the police "i suppose they will hang me for this"

 

Bad Facts

under section s.37 of the mental health act 1983 a person with learning difficulties may only be detained if that disability is associated with serious irresponsible conduct

 

cases for bad facts

Dpp v Camplin 1978 the defendant 15 yrs old killed the deceaseds by hitting him over the head with a frying pan, the of appeal allowed the defendant on the basis that his age should have been taken into consideration

Mullins v Richards court of appeal found that the standard to be expected of a 15 year old was the not the standard of a reasonable person, but of a reasonable and prudent person 15 years of age.

 

Solicitor: Jo C., Barrister replied 8 years ago

Ok. Whats wrong with that?

 

Are you just asking how to plan this?

 

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Customer reply replied 8 years ago
i'm asking how you write a convincing formal pleading to a judge. you can't just put it in bullet points you need to submit your argument
Solicitor: Jo C., Barrister replied 8 years ago
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