LAW

Criminal Law

Criminal Law

Introduction

The crimes as well as their outcomes are dealt under the English criminal law. An act of a crime is something that affects not only the person against whom it is committed but also the community as a whole. It is the responsibility of each state to ensure the safety of the people who reside within the state. For this purpose, it is essential that anyone who commits a crime, whether small or serious, should not only be prosecuted but also subjected to relevant punishment. This is the only way of bringing justice to the person against whom the crime was committed and who got affected by it. The English and Wales jurisdiction as well as the police and the court are all funded by public. Hence, the above case will be decided upon under the English criminal law (Anthony, 2002, p. 91).

Highlights of the case

In order to understand the above case clearly and make the right decision, it is imperative to summarize the contents of the above case so that we may not miss any important point (Loewy, 2003, p. 19).

At the time Kelly was walking through the woods, she took that particular rout only because she could not go up the steep hill. She was out of breath as she was still recovering from Bronchitis.

Since, it was dark in the woods; Kelly could not see a man approaching her. In addition, the attacker stabbed her from the back. She was attacked twice.

She ended up all in blood. The stabbing caused not only the outflow of blood but also the puncture of her lungs and rupture in her kidney.

It is important to note here that just when the attacker stabbed Kelly, she was fishing her bag for her anti-inflammatory tablets. Since, Abdul has admitted the crime he committed we will consider him the attacker.

Kelly needed to be resuscitated on her way to the hospital in the ambulance which means she was still suffering from breathlessness.

When she came to the hospital, the doctor realized that she had to be taken to the operations room for blood transfusion.

The doctor himself made a heinous mistake. He was careless in that when he was taking up Kelly to the other room he unplugged the ventilator but forgot to carry it along.

Meanwhile, the loss of blood coupled with the shortness of breath caused Kelly's death at the hospital.

The accused parties

There are three parties that have been accused for the death of Kelly. To begin with, undoubtedly the murder or the death of Kelly is the consequence of the crime committed by Abdul whereby he took her purse and stabbed her twice from the back. The next party which is to be blamed is the doctor who in his best judgment was taking Kelly up in another room but meanwhile in the haste, he forgot to carry along the ventilator without which of course there was no chance Kelly could have survived having ...