Legal Issues

[Name of the Institute]

Legal Issues

Introduction

Constructive manslaughter is often known as unlawful act manslaughter. Constructive manslaughter is a form of unintentional homicide in which a criminal killing takes place. In such cases the culprits' dearth the mens rea of manslaughter. On the whole, there are mainly tow (2) categories of unintentional manslaughter. However, on the other hand, the term constructive manslaughter elaborates the scenario when the offender obligates an illegitimate perilous act that eventually consequences in demise. It is a situation in which the culprit commits a legalised act resulting in death, which might aggregate to gross neglect manslaughter.

Unlawful or constructive manslaughter is split down into the following (3) three major elements:

There ought to be an illegal act.

The illegal or unlawful act ought to be perilous.

The illegal unsafe act ought to cause the demise of the person.

Discussion of the Case

As per the case the situation clearly identifies that the two (2) people namely George and Helen committed an illegal act that comprised of buying and consuming drugs. This act in however, dangerous as there is a life threatening risk. On the other hand, both George and Helen were unaware regarding the purity of drugs and so were Billy and Clare. As Clare filled the syringe and gave it to Helen and Billy, did the same for George the drug started it reaction. George and Helen both were regular operators of the drug (heroin). However, the drug (heroin) bought by George was very unadulterated besides it caused a breathing failure in the two i.e. George and Helen. Soon after the injection of heroin George and Helen both went into a coma. Later the two die due to this. Now what should Billy and Clare have done is that they should not have injected the heroin in the first place. Secondly, and the most important thing is that they should have called the ambulance or contacted some hospital conveying them the issue. There were chances that this act would have helped to save their friends. However, on the other hand, instead of running from the scene they could have even contacted the police or found some help from the neighbours or even other friends.

However, in Donald's case, he should have acted in the way he did with the three (3). Even if, he was in a pub, and he liked the girl, he should not have winked time and again that made the girl uncomfortable because such an act comes under the category of harassment. Donald, on the other hand, should have reacted when Billy came to talk to him. Since Billy was doing not make any contact with the guy physically i.e. kicking or beating him, similarly Donald should have responded the same. He had no right to response to Billy's statement and get angry hitting him with a beer bottle in his face.

In the end, when the police were called and policeman with the name of Eric arrives at the scene, and tries to take Donald into custody, he once again ...