Loss of Control Essay Example Pdf - Free Essay Example

Sample details Pages: 7 Words: 2083 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? Voluntary manslaughter defence Loss of Control Introduction As Maria has Killed John, She is likely to be charged with his Murder. Maria is both factual, à ¢Ã¢â€š ¬Ã‹Å"but forà ¢Ã¢â€š ¬Ã¢â€ž ¢ her actions, he would not have died R v White (1910)[1] and legal cause, as her actions contributed significantly to the death of John (R v Smith (1959))[2]. The mens rea for murder is established by evidence, as Maria throws the vase at Pauls head with the intention to cause Grievous Bodily Harm (GBH), therefore indicates that Maria had intention to harm and possibly Kill John, and therefore would be likely to be charged with Murder. Don’t waste time! Our writers will create an original "Loss of Control Essay Example Pdf" essay for you Create order However Maria may be able to plead the partial defence of loss of control, this is a statutory defence and only applies to murder charges. If the plea for loss of control is successful Maria will be convicted of Voluntary manslaughter, as she did intend to cause GBH but carried out the offence due to her loss of control, therefore will potentially be given a discretionary sentence, depending on the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision. The Coroners and Justice Act (2009) (CJA) made fundamental changes to the partial defence of murder and created the new defence of loss of control s.54 (1). The old defence of Provocation was abolished by s.56[3], therefore repeals s3 of the Homicide Act (1957). There are three elements of the defence of loss of control: At the time of the killing Maria must have lost self-control (this is an element that Under s.55 (CJA, 2009) the loss of control must have had a qualifying trigger (QT), so there must have to be a reason as to why you have lost your self-control and, Someone of the same age and sex of Maria, with a normal degree of tolerance and self-restraint and in the circumstances of Maria, might have reacted in the same way to Maria, s.54 (3) CJA, 2009. Loss of self- control The first element contains the subjective question whether Maria had lost self-control, it is clear from the facts that she was extremely angry and snapped after she had found out that her husband was leaving her for another man. This meant she launched the glass vase at Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s head which caused his fatal injuries. This indicates that indeed she had lost her self- control. In the old defence of provocation required that the killing had to have been à ¢Ã¢â€š ¬Ã‹Å"sudden and temporary loss of controlà ¢Ã¢â€š ¬Ã¢â€ž ¢, therefore excluded Duffy[4], Humphreys[5] and anybody else like her that waited to kill their victim. However under the new law there is no requirement that loss of control was sudden s.54 (2) CJA, 2009. The purpose of this new requirement was because the old defence was criticised for failing to protect those who had suffered cumulative abuse who lashed out as a result of provoking behaviours/conduct, otherwise known as à ¢Ã¢â€š ¬Ã‹Å"the last strawà ¢Ã¢â€š ¬Ã¢â€ž ¢ Abid. However if the killing was a planned revenge under s.54 (4) the defence would not be available. This highlights the balancing game in which the courts are faced with in terms of identifying what is planned and what is not. Therefore from the above it is evident that Maria carried out the killing in a sudden and temporary loss of control. She did not leave the room or plot her revenge she threw the vase in the heat of the moment, with the intention to cause GBH. Therefore s.54 (1) (a) and s.54 (2) would be satisfied. Qualifying Triggers The next element is to determine if Maria had a qualifying trigger s.55 CJA, 2009, in other words a reason why she carried out the crime. With the old defence of provocation, virtually any act was capable of being used as evidence of provocation. Thus there was no need to have the provocative action aimed at a person. This was such the case of Davies[6] it was held that the defendant kill ed his wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s lover for just walking towards her place of work. It was held that this act could amount to a provocative act and was put to the jury. There were many issues with this, as it left the defence of provocation extremely broad and easy for the defendants to successfully apply the defence of provocation. Therefore when the CJA, 2009 came into force and abolished the defence of provocation, it included two different types of Triggers s.55 (3) and s.55 (4) (a) (b). In order for Maria to use the defence of loss of control she has to qualify under at least one or both of the triggers. These triggers are often referred to the Fear trigger and Anger trigger. Each trigger will now be discussed in turn to see if Maria has a QT. Trigger 1- s.55 (3) CJA, 2009 à ¢Ã¢â€š ¬Ã‹Å"the Fear triggerà ¢Ã¢â€š ¬Ã¢â€ž ¢ Makes it very clear that fear or fear of serious violence would be a qualifying trigger and, that fear of serious violence could be either against yours elf or against a third person (typically a child or a vulnerable person rather than other people in general). With Maria there is no evidence of previous history of violence, nor is there evidence of Mariaà ¢Ã¢â€š ¬Ã¢â€ž ¢s fear from serious violence or abuse. Therefore Maria would be unable to use s.55 (3). Nevertheless this is a subjective test, therefore it is down to Marie to show that she honestly feared serious violence. Trigger 2- s. 55 (4) (a) (b) CJA, 2009 à ¢Ã¢â€š ¬Ã‹Å"the anger triggerà ¢Ã¢â€š ¬Ã¢â€ž ¢ In the old defence of Provocation anything that was said or done might amount to provocation, which resulted in the defence being very broad and open for interpretation. Moreover the defence of provocation was down to the jury to decide, however under the new law s.54 (6) CJA, 2009, Judicial control has been given back to the Judge, in determining whether a jury can reasonably conclude that the words or conduct constituted to circumstances of an extremely grave cha racter (Allen, 2013)[7]. This change has tightened the rule and made it more difficult for the defence of loss of control to succeed as, s.55 (a) states the things that are done or said have to amount to à ¢Ã¢â€š ¬Ã‹Å"circumstances of an extremely grave character. Therefore the defendant will be relying on what has been said or done and not the fear or serious violence. Subsection (b) indicates that what has been said or done has caused the defendant to have a justifiable sense of being seriously wronged. Therefore only if Marieà ¢Ã¢â€š ¬Ã¢â€ž ¢s act of throwing the vase at Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s head, after his taunts that she has à ¢Ã¢â€š ¬Ã‹Å"ruined his life and that she is repellent to him physicallyà ¢Ã¢â€š ¬Ã¢â€ž ¢, that their marriage is à ¢Ã¢â€š ¬Ã‹Å"a ridiculous charadeà ¢Ã¢â€š ¬Ã¢â€ž ¢, and the money they have saved for their daughters university has now been spent on his gambling habit, is an extremely grave character which caused her to a justifiable sense o f being wronged, then the anger trigger would apply. However there are limitations on these triggers, s.56 (6) (a) (B) CJA (2009), indicate that you cannot have these qualifying triggers if they are self-induced, meaning that, if Marie had started the quarrel and is the provoker, whereby she had made the victim retaliate with violence and or abuse, then the defence will fail. However as already discussed there was no act of violence from John towards Marie, therefore this limitation would not apply to Marie and s. 55 (4) (a) (b) would still allow the defence of loss of control. However there is one other limitation s.56 (6) (c) CJA, 2009 which indicates that if there is any sexual infidelity then the defence to be disregarded. The old law of provocation would allow sexual infidelity however in Smith (Morgan James) (2000) in the dictum form Lord Hoffman states that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦Male possessiveness and jealousy should not today be an acceptable reason for l oss of self-control leading to homicide, whether inflicted on the woman herself or on her new loverà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ [8] However some argue against Lord Hoffman saying that sexual infidelity is the very thing that cause sudden temporary loss of control as the killing is carried out on: 1. a spare of the moment, 2. the extremely grave character of the victim and 3. That the defendant feels justified with his feelings. However this criticism was justified in The Ministry of Justices Consultation Paper in, 2008 stating that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦It is quite unacceptable for [D] who has killed an unfaithful partner to seek to blame [V] for what occurred. We want to make it absolutely clear that sexual infidelity on the part of [V] can never justify reducing a murder charge to manslaughterà ¢Ã¢â€š ¬Ã‚ [9] However in Clinton[10] the Court of appeal considered whether or not sexual infidelity is wholly excluded from consideration as a permissible qualify ing trigger within s.55. Judge CJ stated that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦ the legislation was designed to prohibit the misuse of sexual infidelity as a potential trigger for the loss of control in certain circumstances in which it was thought to have been misused in the former defence of provocationà ¢Ã¢â€š ¬Ã‚ ¦ in short sexual infidelity is not subject to a blanket exclusion when the loss of control is under considerationà ¢Ã¢â€š ¬Ã‚ ¦to compartmentalise sexual infidelity and exclude it when it is integral to the facts as a wholeà ¢Ã¢â€š ¬Ã‚ ¦is unrealistic and carries with the potential for injusticeà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ 10 Meaning that sexual infidelity can be taken into account despite what has been stated in statute. Where it is a part of a pattern of behaviour, part of the whole version of events which is related to this killing. However the courts said that if it is only sexual infidelity that you is being plead then s.55 (6) (c) still applies. It is on ly when there is a pattern of behaviour which forms part of the whole version of events you can disregard it. Therefore from the evidence given, tells us that John hid his sexual orientation his whole adult life, therefore the whole time he was married to Maria. Maria has been completely unaware of his homosexuality until very recently when he discloses this to her. Therefore there is no pattern of behaviours and, as stated previously no evidence of violence which would also show a pattern for this QT to grip onto. Thus s.55 (6) (c) would disregard Mariaà ¢Ã¢â€š ¬Ã¢â€ž ¢s s.55 (4) trigger and plea of loss of control. The Objective test It is still important to explore the third element of loss of control s.54(3) supplements s.54(1)(c) by explaining that the defendants circumstances leading up to the killing will be included except those factors that relate to the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s tolerance and his ability to exercise self-restraint. Therefore it requires someon e of the same age and sex as Maria, with a normal degree of tolerance and self- restraint and in the same circumstances as Maria, might have reacted in the same or similar way s.54 (3) CJA, 2009. Thus if the defendant has a history of violence or prone to be short-tempered, the test will not permit the defendant to rely on the loss of control defence. This is the objective test which follows the decision in Holley[11] whereby à ¢Ã¢â€š ¬Ã‹Å"toleranceà ¢Ã¢â€š ¬Ã¢â€ž ¢ was the new addition to the CJA, 2009 and self-restraint was kept from the abolished provocation defence. However if this third element looks at the circumstances and the characteristics of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s, it would highlight that Mariaà ¢Ã¢â€š ¬Ã¢â€ž ¢s circumstances impairs her capacity to exercise a normal level of tolerance and self- restraint, which would not be classified as a normal person s.54 (3). Therefore as Maria was extremely stressed she would not attribute to a normal person. Thus th e defence of Loss of control would be unsuccessful. To Conclude Maria would be unsuccessful in her plea the partial defence for loss of control, however would potentially be able to plea for the partial defence of diminished responsibility under s.2 (1) The Homicide Act, 1957, as amended by s.52 of the CJA, 2009. Due to having extreme stress which is a recognised mental health condition, which can alter your behaviours and can make you verbally and physically aggressive, the feeling of anger, depression, anxiety and fear to name just a few[12] However it will be for the jury to decide whether her stress was a significant contributing factor in causing her to throw the vase at John which caused his fatal injuries. Bibliography 1 [1] R v White (1910) 2 KB 124 CA [2] R v Smith (1959) 2 QB 35 [3] The Coroners and Justice Act (2009) [4] R v Duffy (1949) 1 AII ER 932 [5] R v Humphreys (1995) 4 AII ER 889 [6] R v Davies (1975) 1 QB 691 [7] Allen. M (2013) Textbook on Criminal Law. Oxford: Oxford University Press, 12th Ed, page 338-339. [8] R v Smith (Morgan James)(2000) 3 WLR 654. [9] Baird.N (2010) Criminal Law online. https://www.criminallawonline.com/artcontrol.php [10] R v Clinton (2012) EWCA Crim 2 [11] Attorney General for Jersey v Holley (2005) UKPC 23 [12] Mental health foundation (2014) https://www.mentalhealth.org.uk/help-information/mental-health-a-z/S/stress/

Social Justice System Of The Upper Class Essay - 1628 Words

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Tesla Motors Company Success Milestones-Free-Samples for Students

Question: Discuss about the different new technologies associated with success of automotive Industries. Answer: Introduction Tesla Motors Company has created a new dimension to the mechanical industry following its tremendous innovative technology. The company has survived major challenges such as high production cost, and network effects. It is therefore a perfect choice in this study since it gives a true reflection of new technologies used within automotive industries to cut on the costs and increase product worth. To overcome insurmountable economic problems, Tesla invented battery electric vehicles which replaced fuel vehicles (Oak Ridge National Laboratory, United States, United States, 2011). The company is continuously improving the energy sector into green energy. This initiative has made Tesla to gain much popularity having high-end encroachment marketing strategy against giant players in the market like Toyota, Ford, Honda, Mercedes, BMW, Volkswagen and so on(Hardman et al., 2014). The Space X technology has also helped Tesla to reduce the cost of space travel. These milestones define the succe ss of Tesla Motors Company (Hardman Steinberger, 2015). Problem statement The problem that prompted the study is automotive industries are faced with large fixed costs diminishing their profit margins. Most companies therefore spend a lot of money in innovative technologies to maintain their status quo without making further improvement on their current market products. Such a move causes a stretch on their budgets (Liu Bloomberg News (Firm), 2013). Some have even lost network with their potential clients due to poor records of financial management and bankruptcy. Research aim The aim of this paper is to access different new technologies associated with success of automotive industries specifically, product improvement, customer control and networking. Research question What strategies can be used to cut down on fixed costs in automobile industries? Literature review Tesla Motors is an electrical car making company based in Palo Alto, California under the flagship founder of Elon Musk and Martin Eberhard. It came into existence in 2003. Its major success dates back to 2016 when it received a global recognition after delivering approximately 22,200 vehicles (Knox McCarthy, 2012).Since then, the company has been on top of the market share towards power trains in passenger vehicles. The company is well known for its diverse products ranging from Tesla Model S, Tesla Model 3, Tesla Roadster, and Tesla Model X. The companys products are aimed at customers in the high-end market sphere. This company has established its markets in North America, Asia and Europe (Oak Ridge National Laboratory, United States, United States, 2015). In 2016, Teslas Model S was at the lead as the best sold car in the United States of America after selling 29,421 units. It was closely followed by model X with 17,129 units. In 2016 alone, the two models generated 4.2 billion US dollars to the company. These models remain outstanding up to date in Norway and the United States. However, Tesla faced a stiff completion from BMW which sold 20,576 units in the same year (Bohnsac, Pinkse Kolk, 2014). The company operates its own power train segment and Toyota RAV4 electric vehicles. In July 2014, Tesla was ranked as the largest battery factory in the US. It is also known for developing driverless cars. Statistics show that the demand of electrical cars is projected to rise over from $84billlion to $272 billion in 2019 ( Mangram, 2012). This has been enhanced by increased need of environmental friendly cars, infrastructure improvements, and increase in gasoline prices. With such a projection, automotive companies should be at pace to reap big from the projection. This can be enhanced through emulating Teslas business model categorically placed into selling, servicing, and charging electric vehicles (Oak Ridge National Laboratory, United States, United States, 2014).Tesla commands a huge market due to its overwhelming innovative technology and networking strategies achieved through; direct sales, service, and supercharger network (Mangram, 2012). Direct sales Unlike other car industries that rely on franchised dealers to sale their brands, Tesla invests in direct sales via international show rooms and galleries (Halderman, 2010). In doing so, Tesla enjoys product development, better customer buying experience, and no conflict of interest. Customers deal with Tesla staff one on one creating a mutual understanding. Equally, Tesla Motors sales its products to customers via online platforms. Service Chaston (2017) identifies that Tesla uses its service centers to deal with customer needs. For example, the newly opened Service Plus initiative allows customers to charge or service their vehicles. Mobile technicians are also standby to offer assistance in areas where need arises (Pride, 2017). The high tech in the Module S cars that supports wireless internet access, gives clients an easy time since problematic issues can be uploaded to technicians and offer solutions online without physically touching the car. Supercharger network: Supercharger network stations help drivers to charge their vehicles faster at no fee. The initiative encourages most people into engaging with the company thus a strong brand loyalty. However, these stations are not enough in United States, Europe, and Asia which commands a huge population of electric car users (Gilles, 2012). Worlds car makers by market value Table 6.4 showing automobile industries market value comparison (Chris, 2015) According to figure 6.4 above, Tesla runs along the top 3 world car makers by market capitalization ahead of other competitors such as BMW, General Motors, and Ford Motor Company. The companys value stands at $59.7 billion after Toyota Motor Corp at $172billion and Daimler AG at $78 billion. The success has been attributed to new technological advancements and improvements on the current market products (Eberhard Tarpenning, 2006). Teslas technology has beaten other automotive companies by far in that other car companies rely on it. For example, Daimler General Motors depend on Tesla for battery packs. Mercedes-Bend uses Teslas power train (Doeden, 2015). According to consumer reports, the S model is a technological marvel associated with numerous benefits ranging from cost, class, comfort, and durability. The company is further expanded this concept with the Model S to its third-generation car, the Model 3 which equally attracted a massive market share. Methodology: Data collection Data collection is gathering empirical evidence in order to gain new insights about a situation and answer questions that prompt undertaking of the research (Carlson Robertson, 2014).The study used document analysis and questionnaires to establish market trends of automotive industries in the past years with Tesla in sight as a major case of study. Majorly, market analysis on competition, production processes and policies, innovative technologies, and costs of operations were well anchored from companies archives and websites (Berdichevsky, Kelty, Straubel Toomre, 2006). Both qualitative and quantitative approaches were used to obtain data for a period dating from July 1st to August 14th 2017. The methods were efficient since they allowed the researcher to access all possible factors of growth in a locomotive industry. Data analysis and presentation Data analysis is the process of systematically searching, arranging, organizing, and breaking data into manageable units, synthesizing the data, searching for pattern, discovering what is important and what is to be learned (Carlson, 2015).Data was presented in figures, graphs, and tables. Percentages were equally calculated followed by brief explanations to describe the numerical figures obtained. Study findings This includes non-linear text presented in form of graphs, statistical figures, tables and percentages based on the study objective. Simpler user friendly technology The figure shows Teslas profit margin witnessed after the company introduced Module S cars that are user friendly and easy to operate. This attracted more unit sales with increase in time from 25 in 2011 to 261.33 in 2014. The X axis represents time in years and the Y axis represents total average units sold. Figure 8.1 Graphical representation of Teslas profit margin (Source, author, 2017 Broadening the network through direct sale Figure 8.2: Impact of direct sales on buying experience, product development and conflict of interest (Source, author, 2017) Heightening brand value RESPONSE N/A AVERAGE GOOD BAD TOTAL TOTAL 8 5 23 4 40 PERCENTAGE 19% 13% 58% 10% Table 8.3: Response rate on contribution of adding value to brand (source, author ,2017) Figure 8.3: Response rate to contribution of adding value to the brand (Source, author, 2017) Discussion of findings Simple user friendly technology From figure 8.1 (Graphical representation of Teslas profit margin), it is clear that Tesla Motors Company has maintained a steady growth in its revenue since 2011. Specifically, Teslas success is attributed to the one thing at a time strategy echoed by the management where one product is dealt with at a time. According to the U.S. National Highway Safety Traffic Administration, Model S outscored Buick, Jaguar, Porsche, Fiat, Land Rover, and other cars in terms of safety. Tesla manages its brands by dealing with one product at a time hence giving the best car quality that is friendly to both the user and the environment. The non-smooth curve shows evidence that Tesla has undergone a number of recession and peak seasons. However, despite all the economic challenges, the company has maintained its market share and further increased its profit margin due to increased innovation of highbred electrical vehicle models. The simplicity of technology counts a lot in manufacturing automotives and should be emulated by manufacturers. For example, Model S is controlled by voice on the central touch screen (Carbaugh, 2013). The system is equally easy to use and has instant response. It also connects to 3G wireless internet allowing users to update car systems and receive help from technicians via online system. Tesla screen are also big to allow easy controlling of car options while driving. Tesla has made their cars quick and efficient to use, a goal other car manufacturers should hit. Broadening the network through direct sales Figure 8.2 (impact of direct sales on buying experience, product development and conflict of interest shows that an increase in direct sales leads to a substantive increase in product development and customer buying experience. From the figure we can also deduct that there is no conflict of interest in direct sales since clients interact directly with the staff who work at the capacity of the company (Cahill System Design and Management Program). Ideally, Tesla has invested much in service centers and stores in major states of Ohio, New Jersey, and New York. Therefore, there is less dealer business due to massive outlets that connect the end users directly to the company representative. This has necessitated the company in terms of customer experience giving them firsthand information on the expectations, complains, and other issues affecting their brand. This move strengthens Teslas brand and saves the companys money in the long run (Cahill, 2015). Heightening brand value The magic of meaning theory defines the nature perceptions ranging from good, average and bad depending on personal tests and preferences. We tend to perceive things on the basis of experiences, usefulness, cognitive ability and moral judgment. Figure 8.3 shows 58% of customers believe adding value to products would lead to a tremendous growth of automotive business. According to this category, value addition increases product usefulness creating a strong brand loyalty due to product reliability, huge audience reach, durability, brand adjustment, cost effectiveness and less labor requirements. 10% believe that there is no relationship between value addition and increased product use. They believe value addition attracts extra costs and can make reliable clients shift their loyalty to competitors products (Adam, 2016). 13% hold a belief that digital marketing can either be good or bad hence gives it an average score. The undecided population commands 19%. Majorly, this is due to lack of knowhow on value addition strategy. Flexibility in testing new marketing trends is also a concern that shuts out majority who belong to this school of thought. Creating high quality cars would increase sales to firms investing in car business. Similarly, exceeding consumers expectations works for the good of the company. Practically, getting more than what is paid for attracts most clients. For example, Tesla uses supercharger network station technology to help drivers charge their vehicles faster at no fee (Karamitsios, 2013). This attracts customers into doing business with the company more and more. Additionally, keeping contact with clients to remind them of maintenance, recalls, sending out service vans for checkup would place automotive industries at the top bar due to increased customer satisfaction. Conclusion Concisely, Tesla has successfully addressed the issue of large fixed costs on automotive industries giving possible solutions such as use of consumer friendly technology systems to solve customers dilemma, heightening brand value, and broadening the network through direct sales. These methods have proved successful in Tesla Motor Company hence effective to other automotive companies such as BMW, General Motors, Honda, Ford Motor Company and others (Allen, 2005).The only recommendation for Tesla is that it should also invest in corporate affairs of the general public to reap more clients and attract traffic on their website. Otherwise, its current position is well set for the future growth with$272 billion electrical cars demand projection in 2019. References Adam,M. (2016). Accelerating e-mobility in Germany: A case for regulation. Cham,Switzerland: Springer. Allen,R.G. (2005). Multiple streams of income. New York: Wiley. Berdichevsky, G., Kelty, K., Straubel, J. B., Toomre, E. (2006). The tesla roadster battery system.Tesla Motors,1(5). Bohnsack, R., Pinkse, J., Kolk, A. (2014). Business models for sustainable technologies: Exploring business model evolution in the case of electric vehicles.Research Policy,43( 2), 284-300. Chaston, I. 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