LAW HELP URGENT PLEASE HELP LAYWERS ETC?

Question

The Queen V Sam Millar.

I need some good 2-3 issues that cast doubt on the prosecutions rather than go through all the evidence and all the statements.

So I need to make strong quick, straight to the point plea, persuading the court why sam millar, the defendant is not guilty.

REALLY stuck. Already done a first draft but I keep rambling.

-x-

Answer 1

If you mean R v Millar [1983] 2 AC 161 I think you are wasting your time asking that on Yahoo Q & A's.

The initial trial finding of Guilty was upheld upon appeal.

Much as I like debating the law it would be very presumptuous of any of us to think that in a few lines we can alter the arguments or complete your assignment.

To the non legally minded wondering what this was all about ( much simplified ) it was a vagrant, sleeping rough. He accidentally set fire to a mattress. Instead of trying to put it out he just moved away to a separate area. Not unsurprisingly there was a lot of damage caused by the resulting blaze and he was found guilty of causing the resulting damage. The vagrant tried to argue that since the initial mattress fire was an accident he didn't have a guilty mind or criminal intention and therefore wasn't guilty for the resulting damage which spread.

Normally to be guilty of a crime you have to have two elements together, the 'mens rea' - ie guilty mind and the actus reus - the guilty actions.

The court basically, and sensibly said, you created the problem so you assumed some responsibility for the consequence and not even trying to do something makes you guilty.

Answer 2

My solicitor charges 45 quid an hour. You'll be lucky to get anything on here.