Friday, February 21, 2020

Law Essay - Criminal Law Example | Topics and Well Written Essays - 2250 words

Law - Criminal Law - Essay Example Therefore in respect of the facts at hand unless a case beyond reasonable is made in respect of John he would be deemed to be innocent. (Woolmington v. DPP)1 (Oremond et al, 2011) On the basis of the above discussion it is important to bear in mind that criminal liability would accrue if the offence is proved beyond reasonable doubt and the burden of proof vests with the prosecution. An important principle that is also laid down is that the actus reus and mens rea of the offence must coincide, however the courts have adopted a broad approach in respect of the same. (Clarkson et al, 2010) In respect of proving an offence the requirement is that of actus reus, mens rea and the absence of any defence (Lord Diplock in R v Miller). There has been an important requirement that actus reus and mens rea need to coincide, however it is pertinent to mention that the said requirement has been interpreted broadly. (Fagan v. Commissioner of Police)2. A situation where it was found that the actus r eus and mens rea had coincided was that the conduct of the defendant created a situation of danger (R v. Miller)3. (Oremond et al, 2011) The actus reus of an offence is usually satisfied when a positive act is committed. There has often been the requirement that the act that has been committed must be voluntary, as was defined by Lord Denning that ‘No act is punishable if it is done involuntarily, and an involuntary act in this context...means an act which is done by the muscles without any control by the mind such as spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleepwalking...’ (Bratty v Attorney General for Northern Ireland)4 . Thus the act of the defendant must therefore be voluntary and a wilful movement of body. (Simester et al 2009), The second element is that of mens rea which deals with the state of mind of the accused. The criteria for m ens rea has been developed and is ongoing for a number of years and the cases that were decided upon took into consideration the intention, subjective recklessness, objective recklessness, lacuna etc. (Simester et al 2009), As far as mens is concerned the current situation is that of Woollin5 and R v. G which has been attained after refining of the original test for intention. Thus the test is that there must either be direct intent that is the defendant had intended a result by committing the particular act; or oblique intent that is the result may have been that which was a virtually certain consequence of the act. (Oremond et al, 2011) The issue in respect of the liability that requires an evaluation is that whether in respect of the facts at hand there is an element of causation which would break the chain of causation. The test of causation first deals with factual issues that is would the harm have occurred but for the action of the defendant, this is what is known as the â₠¬Ëœbut for’ test (R v. White)6. It is evident by the facts that the act of John had led to the harm and so the ‘but for’ test proves the fact that the harm was in fact caused by John. The second issue requires determination of legal causation that is whether the acts of John were the substantial and the operating cause

Wednesday, February 5, 2020

Reputation and talent Essay Example | Topics and Well Written Essays - 500 words

Reputation and talent - Essay Example The negative media coverage creates bad publicity and inadequate talent development. Reputation and talent management ensures solutions to these labor challenges. As a potential Human Resource manager for the company, I have developed strategies that ensure effective and efficient management of talent and reputation in the company. Implementation of the strategies will be discussed during the meeting with the CEO of Foxconn, Terry Guo. Talent management is significant in ensuring superior results, through employing, advancing and retaining effective talent. Corporate reputation means the general estimation of the organization by stakeholders, according to previous performance. Many companies view their reputation as the most significant asset. Reputation is very significant for knowledge-based corporations, handling information technology products, like Foxconn. The paper analyzes the recommendations of improving talent and reputation of the company. Superior talent management at Foxconn entails several issues. The staffs should understand the present and future strategic goals of the company. The understanding ensures proper realization of the goals. The company uses a highly effective recruitment and staff advancement processes. This ensures entry of competent individuals in the organization. Staff advancement opportunities include adequate promotion and training opportunities. The factors driving talent management at Foxconn are also very important. Better talent ensures superior performance of the company; hence increase in customer base and profitability. Talent enhances value creation at Foxconn. Value creation ensures production of superior technology products that exceeds customer expectations. Talent management is appropriate for companies in the increasingly complex and changing global market environment. The staffs should be trained on