SUPREME COURT CASE SUMMARY

Supreme Court Case Summary

Supreme Court Case Summary

Introduction

This case analyzes the behavior of Mohamed TA, according to the proven facts that are described below. Proceed with the rating legal and determination of criminal responsibility from TA Mohamed assessed the occurrence of this, proceed to the identification and individualization the penalty to be imposed, as well as civil liability. They may use the Criminal Code, but only the text of the law without comment doctrinal or jurisprudential(Olmstead, 2003).

Proven facts

"On 22.20 pm on August 22, 2007, Munir A. A. Karim along with and other friends at the door of the bar "El Sardinero" of Ceuta, were having a few beers, laughing and socializing. Then at one point, A.A Karim and TA Mohammed started fighting which included pushing and yelling to each other. TA Mohamed had a pistol in his pants, which he took out due to his fighting with Munir A.A Karim and shot him with his semiautomatic pistol of 9mm. Munir suffered gunshot injuries in both the right leg as the left, taking 105 days to heal, sufferingamong other consequences, lameness of the right leg and muscle atrophy left lower limb were also caused due to the gunshot.

Solution

1. First, following the outline of the legal theory of the crime published on the website of Department of Criminal Law and Criminology at the UNED within the practicum course for the non-attendance, should be consider that the conduct consisting of fire, carried out by Mohamed action is, because when Mohamed makes this behavior is conscious and not so necessary physical conditions. Not concurs that precludes any cause of action as the reflex, physical strength irresistible or unconsciousness (Sanford , 2004).

2. Once confirmed the existence of action, we analyze the description that this action causes the Criminal ...