Care Plan Chronic Heart Failure Health And Social Care Essay

Clinical intervention adds to an option in life expectation though to varying evaluations relying upon mark populations2. Thusly, the nature of administrations gave is straight comparative with the expansion in life expectation. The armada developing in the Numberss of doctors in the United Kingdom in the last decennary supposedly was a stage to suit the lifting figure of clinic permissions that rose as an outcome of the expanded life expectancy3. The doctor to populace proportion developed from 2/1000 individuals in 2000 to 2.4/1000 individuals in just a simple 5 years3. Notwithstanding the fast developing, the proportion is still short when contrasted with other European states viz. France, Germany or Italy. This is intensified by the way that the figure of patients rewarded in NHS hospitals rose by 15 % at a similar clasp interval3. It is of import to utilize the expertness of other medicinal services experts, viz. network pharmacists, on the side of the expanding figure of patien ts in the network so as to better patient consideration. The World Health Organization characterizes interminable objections to be ˜a wellbeing work requiring on-going bearing over a time of mature ages or decennaries ˜ . NHS Scotland has distinguished that incessant unwellness is farther confounded by demographical adjustments, expanding co-morbidities, enlarging spread of wellbeing disparities and the expanded standpoints set on the social insurance system4. Moves have been made to advance modernisation of NHS people group pharmaceutics in Scotland. The presentation of the New Pharmacy Contract was the activity program from the Scottish Executive ˜s plot papers ˜The Right Medicine ˜ in which core pharmaceutical consideration administrations, for example, Chronic Medication Service ( CMS ) , Minor Ailments Service ( MAS ) , Acute Medication Service ( AMS ) and Public Health Service were intended to advance the utilization of network pharmacist ˜s achievements to enlarge the range and farther better the nature of consideration stipul ation to patients5. The agreement was driven by a quote by the World Health Organization ( WHO ) in 2002, adverting that responding to the requests to patients with incessant conditions present the greatest test on wellbeing frameworks around the globe4. The establishment of the CMS is based upon the cardinal nations: quiet focused ; clinical organization ; synergistic working ; support for execution ; observing and reappraisal and administration development6. The core points of CMS are summed up in Appendix 1. The modifying capacity of the pharmacist is because of the expanding interest for advancement in quiet ˜s prescriptions bearing. The presentation of the CMS is to additionally build up the pieces of the network pharmacist to ensure the congruity of pharmaceutical consideration in patients with since quite a while ago run conditions each piece great as establishing the height of network drug specialists in the NHS4. Pharmaceutical consideration is a solid instrument toward ceaseless protests and is characterized as the mindful stipulation of medication treatment for the purpose of achieving distinct outcomes that improve a patient ˜s personal satisfaction fitting to Hepler and Strand7. Pharmaceutical consideration is thus a cooperative endeavor between human services experts trying to more readily medicate treatment bearing through continuous checking of ominous impacts, effectivity and patient guidance all gathering to better patient ˜s nature of life8. Social insurance experts pl ay a basic capacity in approving patients to assume responsibility for their ain wellbeing, as this would ease them in achieving their pined for personal satisfaction pertinent to their health believes6. Network pharmacist can be the quickening agent in smoothing the patient ˜s excursion of consideration by being the entryway of data through improved dish to social insurance administrations and to back up self-care6. It is easy to only buy a unit of medication over the counter to deal with a bogus unwellness however the mass is incognizant of the conceivable injury it presents. Some may non take genuinely an overdose of meds that have a wide healing file yet for drugs that have a thin corrective file, a straightforward overdose could be deadly. There is simply so much a prescriber could make however crave term going to is crucial to ensure that patients get the best out of their medication especially in the individuals who have numerous co-morbidities. The assault of CMS is through the constitution of therapeudic organizations between general clinical practicians, pharmacists and patients to better patient consideration by guaranting better neighborhood dish to health care6. Cultivating such duty will limit copy of capacities and, with great characterized capacities, can propel a comprehensive assault to the pharmaceutical and clinical consideration of patients6. The end is to help patients colle ct the most out of their clinical claims to fame however adjacent to limit any related risks4. Network pharmacist is as often as possible the first and solitary purpose of call. Network pharmacists can connect the spread in a patient ˜s excursion of consideration and hence better the entire corrective class by expecting, setting, choosing and thwarting medication related issues4,9. These medication related issues include: Wellbeing and strength Symptoms Similarity and amicability Recognize markers of hapless control Side effect explicit markers to rouse referral Providing and propelling wellbeing data and guidance CMS is an assistance that requires patients ˜ intentional commitment and is all things considered separated into 3 stages. Stage 1 includes the enlistment of the patient for the administration. Stage 2 includes the presentation of a conventional model for pharmaceutical consideration arranging. Stage 3 is the constitution of the mutual consideration segment between the GP and the network pharmacist6. A pharmaceutical consideration program paperss the patient ˜s pharmaceutical consideration requests, consideration issues, wanted outcomes and activities required as bit of the pharmaceutical consideration arranging of the patient. Figure 1 sums up the pharmaceutical consideration be aftering beat. Recognize and organize patients with pharmaceutical consideration requests Recognize and reevaluate pharmaceutical consideration issuesImplement and delegate pharmaceutical consideration programFormulate and report a pharmaceutical consideration programFigure 1: Pharmaceutical Care Planning CycleTo get down of with consideration arranging, basic data that may follow up on the consideration program, for example, quiet ˜s general health, unfavorably susceptible responses or sensitivenesss, other ailments and risk factors are noted. A peril evaluation is so made to help the drug specialist in putting and organizing any pharmaceutical consideration needs that a patient may require or is denied from in footings of administration, which as an outcome impacts the therapy6. Next, an examination is made to put and reevaluate the patients pharmaceutical consideration requests and refering issues. This can empower the pharmacist to gauge the clinical fortes routine that a patient is on in footings of effectiveness or poisonousness profile what's more permits the drug specialist to quantify how profound the patients comprehend their meds and mediation and the stretch out of their wellbeing accepts. Therefore, a pharmaceutical consideration program is drafted dependent on the consideration gives that have been related to the comprehension of the patient. This consideration program fills in as a convention wherein issues are set on a chain of command of priority, result closes are characterized, proposition to any class of activity reported each piece great as obviously determining the social insurance powers and their obligations for arranged checking that should be led. Constant reappraisals and observing is done to quantify the consequences of the consideration program upon execution and changes are made along the way, when required, to amplify the corrective outcome. To achieve the maximal therapeudic advantage, the patient ˜s health conviction and fear of the treatment is basic. Thus, reding and guidance by the pharmacist previously, during and after the strategy is acceptable. Interminable Heart Failure ( CHF ) is one of the 13 since quite a while ago run illness territories canvassed in the CMS convention stand foring the most incessant indicant for therapy4. The rundown of every one of the 13 illness territories are recorded in Appendix 2. Cardiovascular breakdown is one of the most devastating ailments which can severely affect a patient ˜s personal satisfaction thus seting power per unit region on hospitalization and human services budgets10. The Scots Intercollegiate Guidelines Network ( SIGN ) characterizes CHF as a complex clinical disorder following from any basic/utilitarian miracle that weakens the capacity of the chest to respond to physiological requests for expanded heart output11. Henceforth, bringing of blood is compromised12. Irregularity in heart development, beat, guide or conductivity would all be able to take to inconsistent perfusion, venous clog and upset H2O and electrolyte balance that underlie CHF13. In add-on, ordinary compensato ry systems become traded off taking to maladaptive optional physiological impacts that add to the dynamic idea of the disease12. CHF can be an impact of grouped hidden inconveniences, for example, myocardial dead tissue and additionally hypertension and the most widely recognized being left ventricular systolic disfunction ( LVSD ) . Coronary arteria sickness, aortal injury, expanded myocardiopathy, alcoholic myocardiopathy, Chagas ˜ illness, endomyocardial fibrosis and other mechanical imperfections, for example, heart valvular disfunction, degenerative valve ailment, joint valve malady, horrendous paleness and thyrotoxicosis are the more typical reasons for CHF around the Earth however other rarer causes do exist12,13. The board of these inclining components can be acceptable in assuaging the side effects of chest disappointment. Table 1 is the New York Heart Association ( NYHA ) classification framework used to sort patients with chest disappointment dependent on their useful po sition. Table 2 is

Bacillus Subtilis Research Paper Example | Topics and Well Written Essays - 500 words - 1

Bacillus Subtilis - Research Paper Example Further, the utilization of Mosel agar additionally assisted with secluding the microorganisms. This lab report comprises of the outcomes acquired for the seclusion procedure. In this lab, the primary target was to isolateBacillus subtilis which is a gram-positive microscopic organisms. The microbes exist normally in soil or vegetation; and inside a mesophilic temperature scope of 25-35 degrees Celsius. The bacterium has pole molded cells henceforth prompting the name bacillus. Ordinarily, it leaves in cruel conditions, a circumstance prompting the arrangement of endospores which are pressure safe (Boone et al, 2001). The qualities of the microscopic organisms which takes into consideration the take-up of outside DNA additionally gave an indication in separating the microorganism from its way of life. The attributes of the life form makes it noteworthy to utilize gram recoloring and mosel agar to help in the disengagement procedure. Coming up next is the picture indicating Bacillus subtilis settlement The prepared example of the bacterium was treated through suspending it in a physiological saline for 15 minutes. The temperature for the treatment procedure was kept at 100 degrees Celsius to guarantee that all the vegetative structures included were totally slaughtered. The way of life was then separated in a supplement agar. Gram recoloring strategy was then applied to control in sort distinguishing proof (Dworkin and Fulkow, 2006). The state of the poles and degree was then inspected from gram stains. Further , Mosel agar was utilized in segregating the individual settlement. Glucose nitrate was likewise useful idenfying the related development. The shade of the development was inspected and recorded. On performing gram recoloring, there was arrangement of thin bars and the acknowledgment of gram positive nature, to speak to Bacillus subtilis. This aided in separating the microorganism from B. Cereus which expected the state of thick swollen bars. The treatment under 100 degrees Celsius was valuable in separating the species from its vegetative structures since the microscopic organisms itself

How to Tell if a Business Opportunity is Really a Scam

How to Tell if a Business Opportunity is Really a Scam How to Tell if a Business Opportunity is Really a Scam How to Tell if a Business Opportunity is Really a ScamWhen assessing a potential job or business opportunity to see whether its a scam, stick to the Duck Rule. If it walks like a duck and talks like a duck Hello, friend! No wait, don’t walk away! We have an intriguing opportunity we think you’ll be interested in. So you know elephants, right?Yeah, those elephants, the ones with trunks and big feet. Well, we’ve been working with an animal scientist who has done research suggesting that “service elephants” would be more effective than service dogs. They can use their trunks to open doors and perform other tasks.Now we know what you’re thinking: How can you get the service elephants onto airplanes?And that’s where you come in. We’re gathering investors for a new business initiative. Our business, Babair, will make planes large enough for the upcoming service elephant boom we know is on the way. So would you like to write a check?Thanks! But…YOU JUST GOT SCAMMED. Fortun ately, this was only a test, but that was one example of a business scam you might face. Which is why it’s important to recognize the signs for when a business opportunity is really just a scam.Know the red flags.There are certain terms that should set off the alarm bells in your head when you’re reading over a job opportunity.The most common types of opportunities that usually end up being some kind of scam, are ones involving working-at-home, investments, and mystery shopper jobs,” warned Stephen Hart, CEO of  Cardswitcher.“Where you spot the initial advert for the opportunity should tell you a lot about its provenance and whether or not you can trust it. Most business opportunity scams are advertised on the internet on general classified advert websites.”Sometimes it’s less about specific aspects of the business offer, and more about what you aren’t being told that should arise your skepticism.“The best way to evaluate whether or not a business opportunity is a sc am is to take a step back,” advised Jonaed Iqbal, founder and CEO of  NoDegree.com. “Often times when we are approached with a business opportunity, we get very excited and think of all the possibilities.However, it is best to evaluate the situation as if you were a 3rd party. How credible is the person who is telling you about the business opportunity? Is it a random person? If you had a great opportunity, would you just offer it to a random person or would you offer it to someone with a specific skill set who can make the most of the opportunity? Wouldn’t you at least evaluate the prospect to make sure they are a good fit?Another thing to look for out is when people are vague. They just throw buzzwords in your face but do not go in detail. They just tell you that it is a great opportunity. If they are willing to give anyone who comes their way a chance at the opportunity, it is best to walk away.”Justin Lavelle, Chief Communications Officer for  BeenVerified.com, offered a similar warning:“Beware of vague answers. Many business scams come under a very thin cover. In fact, many Multi-Level-Marketing businesses (MLMs) will outright tell their employees not to ever say what the opportunity really isâ€"just that you need to hear about a great opportunity. Red flag: If the pitch person can’t be honest about what the opportunity actually is, run!”You can read more about the risks posed by MLMs in this blog post.Use your gut and study up.There isn’t a template you can apply to every business offer, so at some point, you’re going to have to use your common sense and research skills to make a determination.“If it walks like a duck and quacks like a duck, it most likely is,” Lavelle laid out. “Use your gut. If something sounds too good to be true and feels suspicious, it probably is.Many business opportunities, especially the MLM variety like to build lots of hype to get you hooked only to leave you holding the bag full of cleaning products, ma ke-up, jewelry, skincare, or whatever it was that was going to be your ticket to riches.“Do some due diligence. Research the company. Research the people. Research the product. Contact the Better Business Bureau and the Attorney General. A little homework can expose a world of wrong!”Other contributors also subscribed to the Duck Rule.When it comes to spotting whether or not an opportunity is legitimate sometimes the old advice is the best,” explained Hart. “If something seems too good to be true, the chances are that it most likely is.An opportunity that seems to present you with the chance to make an awful lot of profit, very quickly, for very little, initial capital outlay should set alarm bells ringing.Take extra care to avoid the REALLY bad ones.Losing money to a business scam is bad. But that’s not all you can lose.“Keep in mind there are ‘business opportunities’ that can immediately be profitable but are almost always illegal,” warned identity theft expert a nd CEO of  Safr.Me Robert Siciliano.“These opportunities usually revolve around shipping products or transferring funds from one account to the other. These ‘opportunities’ mean that the ‘employee’ would be a ‘mule’ for an organized crime syndicate functioning as a web mob.”Regardless of whether you’re worried about losing your money or your freedom, you should consult the proper person before signing on.“Do not ever give out financial information to a prospective business or franchise without proper advice from an attorney, an accountant, or both to be safe,” explained Lavelle.“Many scams will try and convince their prey that they are trustworthy and further questions and verification are unnecessary.”OK, that’s enough negativity for now.The good ones.Now that you know how to spot a bad business opportunity, what are some signs of a good business opportunity?“People with good business opportunities generally target people who have something specific to offer,” Iqbal told us. “For example, is the opportunity present to you because you have a specific background and can offer your expertise? Does it make sense? If you can make sense of how it works, that is a good sign. If it doesn’t make sense to you, walk away.If you have to make an investment, figure out exactly what the money is for. If they tell you that you have to sign up for their program in order to sell, walk away. You shouldn’t have to pay to sell things for someone else.Also make sure that they are comfortable with you taking some time to think about the opportunity. They should be open to criticism and they should understand that you want to do your due diligence. If someone is trying to rush you, that is not a good sign.”Whitney Joy Smith, president of The Smith Investigation Agency and Smith Training Centre, gave her own list of positive signs:They have a legitimate online presence on social media, review sites, BBB, etc.They go through the steps of investm ents or mergers with legal teams and contracts.All financials are disclosed, and both parties feel good about the discussions.You have heard others having positive experiences or read reviews and recommendations about the company or investment.They are not scared to answer questions.”Finally, here are two more good signs courtesy of Dennis Shirshikov, financial analyst at  FitSmallBusiness.com:“Good business opportunities take time. Always ask yourself: ‘Why am I being offered this?’ If you receive some grand promise, consider why the current owner or the person introducing you to the idea isnt doing it themselves. Surely everyone wants to have a business that can double their money. A good business opportunity will likely take time to develop and grow, it wont be handed to you brand new and ready.“Look for past success. Many people prefer going for a business model with proven success. This reduces their risk of failure and the number of things they need to consider. The best example of this is a franchise. Although everyone knows about McDonalds, there are thousands of franchises that require far less capital and cover industries from dry cleaning to bicycle repair.”This advice should give you a good starting point when considering a new business opportunity. Now that we have that out of the way, there’s this great bridge that you can get for cheap right now Keep your money safe.There are lots of things out there that can drain your bank account, from poor investments and scammers to predatory no credit check loans and short-term bad credit loans like payday loans, title loans, and cash advances.And while the solutions to these problems varyâ€"from changing your password to maintaining a well-stocked emergency fund to choosing an affordable installment loanâ€"the principles at hand are the same: Do your research, keep your eyes peeled, and always be prepared for the worst!To learn more about how you can keep your money and your identity safe fr om potential scammers, check out these other posts and articles from OppLoans:5 Steps You Can Take to Prevent Identity TheftNever Trust and Always Verify: How to Avoid Getting Scammed Over Email10 Common Scams: How They Work and How to Avoid ThemDating App Dangers: 7 Tips to Avoid Getting Scammed by a Fake RomanceDo you have a   question about scams youd like us to answer? Let us know! You can find us  on  Facebook  and  Twitter.  |  InstagramContributorsAfter working in the financial industry for several years, Stephen Hart left his role as Chief Financial Officer at WorldPay to launch the UK’s first payment processing comparison site, Cardswitcher. Nowadays, he helps SMEs save money on their payment processing costs.Jonaed Iqbal is a New York native who graduated from Queens College with degrees in applied mathematics and economics. He later attended Columbia University for their master program in actuarial science. Jonaed worked as an actuary for a couple of years. While workin g as an actuary, Jonaed started NoDegree.com. NoDegree is a career resource for those without college degrees. He saw that there were plenty of opportunities for those without college degrees and that the rising cost of tuition made it a challenge for many to afford college. He also saw that college wasn’t for everyone. He continues to work on NoDegree.com and hopes to educate people about opportunities and help those without college degrees.Justin Lavelle  is a Scams Prevention Expert and the Chief Communications Officer of  BeenVerified.com (@BeenVerified). BeenVerified is a leading source of online background checks and contact information. It helps people discover, understand and use public data in their everyday lives and can provide peace of mind by offering a fast, easy and affordable way to do background checks on potential dates. BeenVerified allows individuals to find more information about people, phone numbers, email addresses,  and property records.Dennis Shirshikov i s a Financial Analyst with  FitSmallBusiness.com (@FitSmallBiz). Dennis earned an MS with an emphasis in Financial Risk Modeling and spend most of his career working with startups. When not helping small businesses and teaching Economics to college students at CUNY Queens College.Robert Siciliano  (@RobertSiciliano) is a #1 Best-Selling Author and CEO of  Safr.Me.  Safr.Me is funny  but serious about teaching you and your audience fraud prevention and personal security. Robert is a United States Coast Guard Auxiliary Flotilla Staff Officer of the U.S. Department of Homeland Security whose motto is Semper Paratus (Always Ready). His programs are cutting edge, easily digestible and provide best practices to keep you, your clients and employees safe and secure. Your audience will walk away as experts in identity theft prevention, online reputation management, online privacy and data security.With over ten years of experience in the private investigation industry, Whitney Joy Smith has seen it all. Having worked through over 1,700 case files, she understands what it takes to get effective results, and expects only the best from her team of qualified investigators. Whitney not only operates an award-winning company but is also the recipient of the International AI- Influential Business Woman Award for the Best Woman-Owned Private Investigative Agency in eastern Canada and the Most Innovative Woman in Executive Protection.

Proving the guilt of murder - Free Essay Example

Sample details Pages: 16 Words: 4668 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? Question 1 Amina may be guilty of the murder of Yasin and Khadija. Khadija To establish a case of murder, the prosecution must prove (1) that the unlawful death of Khadija was caused by an act (or omission)[1] of Amina; and (2) that Amina did that act (or omitted to act) with malice aforethought[2], whether express or implied[3]. So far as causation is concerned, in the context of homicide offences, this simply means that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was accelerated by Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions[4]. The burden of proving that Amina is guilty remains on the prosecution throughout the trial and unless Amina wishes to raise a special defence of insanity or diminished responsibility (discussed later) she will at no point be required to establish any defence, or partial defence, to the charge[5]. The à ¢Ã¢â€š ¬Ã‹Å"malice aforethoughtà ¢Ã¢â€š ¬Ã¢â€ž ¢, which is the à ¢Ã¢â€š ¬Ã‹Å"mentalà ¢Ã¢â€š ¬Ã¢â€ž ¢ element of murder, may either consist of an intention to kill unlawfully (express malice) or an intention to cause grievous bodily harm, i.e. really serious harm[6], unlawfully (implied malice)[7]. It is not sufficient for the finding of intent that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a natural and probable consequence of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s action; the relevant question is whether Amina did intend or foresee Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death (or the fact that Khadija would sustain grievous bodily harm), à ¢Ã¢â€š ¬Ã…“by reference to all the evidence, drawing such inferences from the evidence as may be proper in the circumstancesà ¢Ã¢â€š ¬Ã‚ [8]. The fact that Amina foresaw that Khadija would die or sustain grevious bodily harm from the multiple stab wounds is not conclusive evidence of intention but is a relevant factor to be taken into consideration[9]. Neither is the fact that Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a virtually certain result of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions conclusive; although the greater the probability of a consequence, the more likely it is that it was foreseen and, if that consequence w as foreseen, the more likely it is that it was also intended[10]. On the facts, it would seem that Amina would be found guilty of Khadijaà ¢Ã¢â€š ¬Ã¢â€ž ¢s death. The act of stabbing Khadija à ¢Ã¢â€š ¬Ã‹Å"acceleratedà ¢Ã¢â€š ¬Ã¢â€ž ¢ her death, and although the finding of intent will be a matter for the jury, it is clear that Khadija would die or at least sustain à ¢Ã¢â€š ¬Ã‹Å"very serious harmà ¢Ã¢â€š ¬Ã¢â€ž ¢ from being stabbed multiple times; it is highly likely therefore that the jury would rule that this was foreseen and therefore intended[11]. Don’t waste time! Our writers will create an original "Proving the guilt of murder" essay for you Create order Yasin The first element to be proved to establish the offence of murder is to show that the unlawful death of Yasin was à ¢Ã¢â€š ¬Ã‹Å"causedà ¢Ã¢â€š ¬Ã¢â€ž ¢ by Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s act of stabbing Yasin in the stomach once using a bread knife. Although there is the later issue of Jakeà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligent treatment, it is certain that but for Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s act, Yasin would not have died. Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct does not have to be the sole or the effective cause of Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death: it will be sufficient that it is a cause à ¢Ã¢â€š ¬Ã…“which cannot be dismissed as minimal or as slight or triflingà ¢Ã¢â€š ¬Ã‚ [12]. So far as Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death is concerned, there may be two or more independent operative causes, and any person whose conduct constitutes a substantial (more than minimal) cause may be convicted of an offence in respect of his death[13]. We are told that, during the operation to save Yasins life, Jake, the an aesthetist, who was newly qualified, did not realise that the tube supplying oxygen to Yasin had become detached and Yasin died. Amina could argue that the chain of causation was broken by Jakeà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions, using R v Jordan (1956)[14] as an authority, which decided that if medical treatment received was the sole cause of death, and was grossly negligent, the chain would be broken. However, there are cases that since suggest the argument in Jordan will be very difficult to use. For example, in R v Smith (1959)[15], the defendant stabbed the victim in a brawl and en route to the medical orderly, the victim was dropped twice; the medical orderly then failed to diagnose the full extent of his wounds. The victim died, but the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s conviction for murder was upheld as the wound was still an operating cause of death and so the chain of causation was not broken. Similarly, in R v Mellor (1996)[16], the appelantà ¢Ã¢â€š ¬Ã¢â€ž ¢s argument that the subst antial cause of death was the failure of the medical staff at the hospital to administer sufficient oxygen to the victim failed, on the basis that, per Schiemann LJ, there was no onus on the Crown to prove that any supervening cause, such as medical treatment, was not a substantial cause of death. In R v Cheshire (1991)[17], Bedlam LJ stated: à ¢Ã¢â€š ¬Ã…“It will only be in the most extraordinary and unusual case that such treatment can be said to be so independent of the acts of the accused that it could be regarded in law as the cause of the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s death to the exclusion of the accusedà ¢Ã¢â€š ¬Ã¢â€ž ¢s actà ¢Ã¢â€š ¬Ã‚ . In every case, it is a question of fact and degree, and is for the jury to decide, having regard to the gravity of the supervening event, and to whether the injuries inflicted by the defendant are a significant cause of death[18]. Although the medical treatment Yasin received was incompetent, therefore, Amina would still be guilty of mu rder if the wound was the operating and substantial cause of death. We are told that Yasin required life saving treatment and so we can assume this is the case. It will also be necessary to establish that the requisite mens rea existed; Amina must have either intended to kill Yasin, or intended to cause grievous bodily harm, i.e. really serious harm[19]. As for Khadija, it is not sufficient for the finding of intent that Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death was a natural and probable consequence of Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s action; the relevant question is whether Amina did intend or foresee Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s death (or the fact that Yasin would sustain grievous bodily harm). As for Khadija, the fact that Amina foresaw that Yasin would die or sustain grievous bodily harm from the stab wound to the stomach is not conclusive evidence of intention but is a relevant factor[20]. Of note here, Amina only stabs Yasin once, whereas she stabs Khadija several times à ¢Ã¢â€š ¬Ã¢â‚¬Å" this c ould perhaps indicate that she doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t intend to kill Yasin. However, it is virtually certain that Yasin would sustain grevious bodily harm from such an attack, which is all that is required for the mens rea of murder, and so it is likely to be regarded as foreseen, and therefore intended[21]. It is likely therefore that Amina will be found guilty of the murder of Yasin. Defences Provocation If Amina successfully raises the defence of provocation, this may reduce a charge of murder to one of manslaughter. The test of whether the defence of provocation is entitled to succeed is a dual one. The alleged conduct causing the provocation must (i) actually cause à ¢Ã¢â€š ¬Ã…“a sudden and temporary loss of self controlà ¢Ã¢â€š ¬Ã‚  making the defendant so subject to passion that he is not the master of his hand (the subjective test); and (ii) the provocation must be sufficient to make a reasonable man do as the defendant did (the objective test). Provocation may consist of things done or said, or both, and the question as to whether this was enough to make a reasonable man do as he did is one for the jury, taking into account everything both done and said according to the effect which, in the jurys opinion, it would have on a reasonable man[22]. The facts state that Amina found Yasin in their bedroom asleep, with another woman, Khadija, lying beside him. Of note, anyth ing can amount to provocation and so this conduct will suffice[23]. Amina goes downstairs, picks up a bread-knife, returns to the bedroom and stabs Yasin and then Khadija. The time elapsing between the provocation and the killing is relatively short[24], which suggests that there indeed was a sudden temporary loss of control. To satisfy the objective stage, it is necessary to show that a reasonable person would have reacted the same way as Amina did, and the key decision in this area is R v Smith (Morgan) (2000) 4 All ER 289. Aminaà ¢Ã¢â€š ¬Ã¢â€ž ¢s characteristics can be taken into account as with regards to the gravity of the provocation and degree of self control expected. Presumably characteristics such as the repeated beatings that Amina has endured could be taken into account as a factor in explaining why Amina reacted so violently to the situation. The test requires that the jury ask whether Amina exercised what was reasonable self control for her. Jealously alone should not be taken into account[25], but Yasinà ¢Ã¢â€š ¬Ã¢â€ž ¢s repeated beatings may be a factor. Previous cases show that if the defendant has endured abuse over a period of time, particularly where this has resulted in battered woman syndrome, a jury may more readily find that there was a sudden loss of control triggered by even a minor incident à ¢Ã¢â€š ¬Ã¢â‚¬Å" the incident proves to be the à ¢Ã¢â€š ¬Ã‹Å"last strawà ¢Ã¢â€š ¬Ã¢â€ž ¢ for the defendant[26]. It seems likely on the facts that Amina will be able to use the defence of provocation to reduce the charge to one of manslaughter. There are two counts on which Amina may wish to raise the defence of provocation. The first relates to the repeated beatings that Yasin has given her over a number of years. Diminished responsibility Amina may be able to claim diminished responsibility if she can show that at the time of the murder, she was suffering from such abnormality of mind as substantially impaired her mental responsibility[27] for her acts in carrying out the killings[28]. Abnormality of mind, means a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal[29]. The onus will be on Amina to prove the defence, but only a preponderance of probabilities must be shown[30]. If the defence is successful, Amina will be changed with manslaughter rather than murder[31]. Of note Battered womens syndrome, which was listed in the British Classification of Mental Diseases in 1994, can give rise to the defence of diminished responsibility[32]. Amina may therefore be able to use this defence on the basis that Yasin has beat her over a period of time and she is suffering from the syndrome as a result. If she is able to adduce medical evidence of the syndrome, the c ourt may accept it and this will avoid a trial for murder altogether[33]. Amina may try to get the charge reduced to manslaughter on the basis of both provocation and diminished responsibility, and if the jury does return a verdict of manslaughter, the judge may ask the jury on which ground its verdict is based or whether it was based on both grounds[34]. In conclusion, it seems that Amina would be found guilty for both the murder of Yasin and Khadija, but may have both the defences of provocation and diminished responsibility available to her, which would reduce the charge to manslaughter. - Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 18 OAPA1861 Bertram may be guilty of maliciously wounding or causing grievous bodily harm with intent, under Section 18 OAPA1861. The maximum sentence for this offence on conviction is imprisonment for life. The actus reus of the offence, either maliciously wounding or causing grievous bodily harm, usually requires a break in the surface of the skin[35]. The actions in relation to tightening a belt round Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s neck causing her to suffer from distorted vision and headaches will probably not therefore suffice for the purposes of Section 18; although the meaning of grievous bodily harm is à ¢Ã¢â€š ¬Ã…“not limited to the skin, flesh and bones of the victim, but also includes an identifiable psychiatric injuryà ¢Ã¢â€š ¬Ã‚ [36]. Whether Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s headaches and distorted vision amount to an identifiable psychiatric injury will be judged objectively, according to the ordinary standards of usage and experience, and not subjectively from the standpoint of how Ame lia would describe it[37]. The act of burning Amelia with lighter fluid will almost certainly amount to a sufficient act for this purpose however; the facts state that her injuries were serious and required skin grafts. To establish an offence under Section 18, it must also be shown that Bertram is malicious; in that he specifically intended his actions to result in some unlawful bodily harm to Amelia; not that he was just reckless as to whether the harm may occur[38]. The prosecution will have to prove that it was his purpose to do some grievous bodily harm, or that in tightening the belt round Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s neck, he foresaw such harm as at least virtually certain, permitting the jury to infer the necessary intent[39]. On the facts, it does not seem that Bertram really intended to hurt Amelia à ¢Ã¢â€š ¬Ã¢â‚¬Å" clearly his actions were for pleasure. It is unlikely that he would be found guilty under Section 18 therefore. Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 20 OAPA1861 Bertram may be guilty of the lesser offence of maliciously wounding or maliciously inflicting grievous bodily harm under Section 20 OAPA1861. The maximum sentence on conviction for this offence is five years. For this offence, again there usually will be a break in the surface of the skin[40], although as before, the question of whether the headaches and distorted vision amount to an identifiable psychiatric illness equating to grievous bodily harm will be judged objectively, according to the ordinary standards of usage and experience. Of note, in R v Burstow [1997][41], it was held that a stalker could be convicted of an offence under Section 20 even where he had not applied physical violence directly or indirectly to the body of the victim. This suggests that the headaches and distorted vision may qualify towards establishing the offence. The burns to Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s skin will certainly qualify as malicious wounding or infliction of grievous bodily harm due to their severity. The mens rea for a Section 20 offence is denoted by the word maliciously, and for Section 20, it will be sufficient to prove that Bertram intended his act to result in some unlawful bodily harm to some other person, or alternatively was subjectively reckless as to the risk that his act might result in such harm[42]. He must at very least foresee the possibility of some physical harm occurring or he will not be liable under Section 20[43]. On the facts, there is a strong possibility that Bertram would be liable under Section 20; although he is surprised by the extent of the flames, at least some physical harm would be a virtual certainty. Bertramà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under Section 47 OAPA1861 If the Section 20 charge fails, perhaps for lack of intent, Bertram could be charged under Section 47 OAPA1861 for assault occasioning actual bodily harm. The maximum sentence for this office on conviction is five yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢ imprisonment. It will be necessary to show that Bertram assaulted Amelia, in that he caused her to apprehend an immediate infliction of violence or carried out the actual infliction of violence occasioning bodily harm. Bodily harm is defined in R v Chan-Fook [1994][44] as being any hurt or injury calculated to interfere with the health or comfort of the victim. Ameliaà ¢Ã¢â€š ¬Ã¢â€ž ¢s injuries, both in relation to the belt and the burns, would definitely satisfy this criteria. Liability will be established if it can be shown that Bertram has the mens rea of common assault, which is intention or recklessness. Bertram may not have intended the harm caused to Amelia but may well have been reckless as to the harm being caused, in that he was aw are of the risk of harm, and took the risk unreasonably[45]. It seems likely that, at very least, he would be guilty of an offence under Section 47 as it would be virtually certain that his actions would cause at least some harm. As a defence to his actions, Bertram may seek to argue that Amelia consented to the harm caused. The evidential burden of proof lies with Bertram who must produce evidence of consent before the judge is required to put it before the jury. R v Donavon (1934)[46] is the authority for the fact that a victim may not validly consent to physical harm if it amounts to actual bodily harm or worse, unless the activity comes within a range of policy based exceptions[47]. We have already established that Bertram is very likely to be charged with Section 20 or Section 47 OAPA1861, and so he will only be able to argue consent if it does fall within an exception. Such exceptions were considered in R v Brown [1993][48] in which a group of homosexual males were being tried for, inter alia, assault occasioning actual bodily harm and unlawful wounding under the OAPA1861 for participating in sado-masochistic practices. The Court of Appeal dismissed their appeals against conviction, but asked for guidance as to whether it was necessary for the prosecution to prove lack of consent to establish guilt under Section 20 or Section 47 OAPA1861. By a majority of three to two, the House of Lords held that consent was irrelevant; the conduct was presumptively unlawful in that it involved à ¢Ã¢â€š ¬Ã…“violence, cruelty and abnormal and perverted homosexual activityà ¢Ã¢â€š ¬Ã‚ , which was à ¢Ã¢â€š ¬Ã…“unpredictably dangerous and degrading to body and mindà ¢Ã¢â€š ¬Ã‚ . The activities fell within the definition of the offences and since injury was both intended and caused, consent was irrelevant unless the Court could find that there was a good reason to allow the activity (i.e. public policy reasons, as for sporting activities like boxing). The majority of the Lords held that there were several good reasons why the defence should not be extended to cover such activities relating, inter alia, to the risk of serious infections, injuries and spreading diseases such as AIDS there was therefore no public interest in permitting such practices. As a result, consent is a defence only to common assault where no injury is caused and or/intended but where it is intended and/or caused, it will be no defence unless there is a reason to justify it in the public interest. So far as Bertram is concerned, then, it is highly unlikely that he will successfully be able to raise the defence of consent since the practices that the assaults referred to were similarly dangerous and risked serious injury, as for those in R v Brown [1993][49], and there are no public policy reasons for allowing them. We are told that Amelia pursues Bertram for over a year with letters, cards and telephone calls begging him to return and that as a result, Ber tram suffers from anxiety and nervousness requiring psychiatric counselling; we are also told he has to give up his job for lack of concentration. The issue is whether these injuries will amount to an assault occasioning actual bodily harm under Section 47 OAPA1861. Psychiatric harm can be grievous bodily harm or actual bodily harm; this depends on its severity. In either case, expert medical evidence is required as to the extent of the harm. R v Burstow; R v Ireland (1997)[50] establishes that neuroses should be distinguished from simple states of fear or problems coping with everyday life, but where the line is drawn is a matter of psychiatric judgement. A charge under Section 47 requires proof that Amelia has committed an assault, in the sense that she has caused Bertram to apprehend immediate physical violence. This can be established by means of a phone call, even if it is silent[51]. The type of à ¢Ã¢â€š ¬Ã‹Å"stalkingà ¢Ã¢â€š ¬Ã¢â€ž ¢ she appears to be carrying out can am ount to an assault occasioning actual bodily harm, where it causes a clinical illness (as opposed to simple anxiety and stress)[52]. However, Bertram is anxious and nervous, and suffers from lack of concentration; this is unlikely to amount to a clinical illness. The facts do not suggest either the calls, cards and letters cause him to apprehend physical violence. Merely causing him to feel uncomfortable will not suffice. If therefore the actus reus of assault is not established, the charge under Section 47 of OAPA1861 fails, as does any possible common assault charge. Even if it can be shown that Bertram did apprehend immediate physical violence, it must also be shown that Amelia intended this, or was at least aware of the risk that Bertram might suffer this harm[53]. The facts state that Amelia simply wants Bertram back; they do not suggest that her communications are in any way threatening or unpleasant, and so it seems unlikely that she will be guilty of assault for her actio ns. She may however be liable under the Protection From Harassment Act 1997, which provides that a person must not pursue a course of conduct which amounts to harassment of another person, and which they knows or ought to know amounts to harassment of the other. The sort of conduct that might qualify for this offence will include causing Bertram distress[54] which appears to be the case here. The test is an objective one and asks whether a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of the other[55]. The reasonable person referred to is a hypothetical reasonable person who is not endowed with the defendants standards or characteristics[56]. On the facts it seems that Amelia would likely be guilty of harassment under the Protection from Harassment Act 1997. In conclusion, it is likely that Bertram would be liable under Section 20 of the OAPA1861, or possibly Section 47 if the Section 20 charge fail ed for lack of intent. The defence of consent will not be available because of the practices concerned. Amanda is unlikely to be guilty of any offences under the OAPA1861 but may be guilty under the Protection from Harassment Act 1997 for causing Bertram distress. Bibliography Douglas, G Molan, M (2005/6) Criminal Law (4th Edition) Oxford University Press, Oxford Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Criminal Law, Evidence and Procedure 2. Offences Against the Person (1) Homicide (ii) Murder 89. The Elements Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 94. Provocation as defence to murder charge Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 96. Diminished responsibility as defence to murder charge. Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (ii) Wounding or Causing Grievous Bodily Harm with Intent 119. Constituents of wounding etc with intent Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (xi) Harassment 152. Prohibitions of harassment and offence of harassment Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (ii) The Criminal Conduct 6. Causation Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (iii) The Mental Element 13. Proof of intention and foresight Table of Cases A-Gs Reference (No 6 of 1980) [1981] 2 All ER 1057 Chan Kau v R [1955] AC 206, [1955] 1 All ER 266, PC DPP v Smith [1961] AC 290, 44 Cr App Rep 261, HL Luc Thiet Thuan v R [1997] AC 131, [1996] 2 All ER 1033, PC Mancini v DPP [1942] AC 1, 28 Cr App Rep 65, HL MLoughlin (1838) 8 C P 635 Moriarty v Brooks (1834) 6 C P 684 R v Doughty (1986) 83 Cr App R 319 R v Adams (1957) unreported, summarised at [1957] Crim LR 375 R v Belfon [1976] 1 WLR 741 R v Brown [1993] 2 All ER 75 R v Brown, R v Stratton [1998] Crim LR 485, CA. R v Burstow; R v Ireland (1997) 4 All ER 225 R v Byrne [1960] 2 QB 396, 44 Cr App Rep 246, CCA R v Chan-Fook [1994] 2 All ER 552 R v Cheshire (1991) 3 All ER 670 R v Colohan [2001] EWCA Crim 1251, [2001] 2 FLR 757, [2001] Crim LR 845; R v Constanza [1997] Crim LR 576 R v Cox [1968] 1 All ER 386, 52 Cr App Rep 130, CA R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL R v Donavon (1934) 2 KB 498 R v Dunb ar [1958] 1 QB 1, 41 Cr App Rep 182, CCA R v Dyson [1908] 2 KB 454, 1 Cr App Rep 13, CCA R v G [2003] UKHL 50, [2004] 1 AC 1034, [2004] 1 Cr App Rep 237 R v Gibbins, R v Proctor (1918) 13 Cr App Rep 134, CCA R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. R v Hayward (1833) 6 C P 157 R v Hennigan [1971] 3 All ER 133, 55 Cr App Rep 262, CA R v Hobson [1998] 1 Cr App Rep 31, CA R v Ireland, R v Burstow [1998] AC 147, [1998] 1 Cr App Rep 177, HL R v Jordan (1956) 40 Cr App R 152 R v Matheson [1958] 2 All ER 87, 42 Cr App Rep 145, CCA; R v Mellor (1996) 2 Cr App R 245 R v Mowatt [1968] 1 QB 421 R v Savage; DPP v Parmenter [1991] R v Savage; R v Parmenter (1991) 3 WLR 914 R v Smith (1959) 2 All ER 193 R v Smith (Morgan) (2000) 4 All ER 289 R v Thornton (No 2) [1996] 2 All ER 1023, [1996] 2 Cr App Rep 108, CA R v Woollin (1998) 4 All ER 103 Woolmington v DPP [1935] AC 462, 25 Cr App Rep 72, HL Footnotes [1] R v Gibbins, R v Proctor (1918) 13 Cr App Rep 134, CCA [2] Woolmington v DPP [1935] AC 462, 25 Cr App Rep 72, HL; Mancini v DPP [1942] AC 1, 28 Cr App Rep 65, HL [3] Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Criminal Law, Evidence and Procedure 2. Offences Against the Person (1) Homicide (ii) Murder 89. The Elements [4] R v Dyson [1908] 2 KB 454, 1 Cr App Rep 13, CCA; R v Adams (1957) unreported, summarised at [1957] Crim LR 375: Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (ii) The Criminal Conduct 6. Causation [5] Chan Kau v R [1955] AC 206, [1955] 1 All ER 266, PC [6] DPP v Smith [1961] AC 290, 44 Cr App Rep 261, HL [7] R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL [8] Criminal Justice Act 1967 Section 8; Halsburys Laws of England: Criminal Law, Evidence and Procedure 1. Principles of Criminal Liability (2) The Elements of Crime (iii) The Mental Element 13. Proof of intention and foresight [9] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. [10] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL; Halsburys Laws of England: 13. Proof of intention and foresight [11] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL [12] R v Hennigan [1971] 3 All ER 133, 55 Cr App Rep 262, CA [13] Halsburys Laws of England: 7. Causation [14] R v Jordan (1956) 40 Cr App R 152 [15] R v Smith (1959) 2 All ER 193 [16] R v Mellor (1996) 2 Cr App R 245 [17] R v Cheshire (1991) 3 All ER 670 [18] Douglas Molan, p.57 [19] R v Cunningham [1982] AC 566, 73 Cr App Rep 253, HL [20] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL. [21] R v Hancock [1986] AC 455, 82 Cr App Rep 264, HL; Halsburys Laws of England: 13. Proof of intention and foresight [22] Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 94. Provocation as defence to murder charge [23] R v Doughty (1986) 83 Cr App R 319 [24] R v Hayward (1833) 6 C P 157 [25] R v Smith (Morgan) (2000) 4 All ER 289 [26] R v Thornton (No 2) [1996] 2 All ER 1023 at 1030, [1996] 2 Cr App Rep 108 at 116, CA, per Lord Taylor CJ; Luc Thiet Thuan v R [1997] AC 131 at 141, [1996] 2 All ER 1033 at 1047, PC [27] R v Byrne [1960] 2 QB 396 at 403, 44 Cr App Rep 246 at 252, CCA [28] Homicide Act 1957 s 2(1) [29] R v Byrne [1960] supra [30] R v Dunbar [1958] 1 QB 1, 41 Cr App Rep 182, CCA [31] Homicide Act 1957 s 2(3) [32] : R v Hobson [1998] 1 Cr App Rep 31, CA [33] R v Cox [1968] 1 All ER 386, 52 Cr App Rep 130, CA [34] R v Matheson [1958] 2 All ER 87, 42 Cr App Rep 145, CCA; Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Laws of England: Homicide (iii) Manslaughter b. voluntary manslaughter 96. Diminished responsibility as defence to murder charge. [35] Moriarty v Brooks (1834) 6 C P 684; MLoughlin (1838) 8 C P 635 [36] R v Ireland, R v Burstow [1998] AC 147, [1998] 1 Cr App Rep 177, HL: Halsburys Laws o f England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (ii) Wounding or Causing Grievous Bodily Harm with Intent 119. Constituents of wounding etc with intent [37] R v Brown, R v Stratton [1998] Crim LR 485, CA. [38] R v Belfon [1976] 1 WLR 741 [39] R v Woollin (1998) 4 All ER 103 [40] Moriarty v Brooks (1834) 6 C P 684; MLoughlin (1838) 8 C P 635 [41] R v Burstow [1997] 4 All ER 225 [42] R v Mowatt [1968] 1 QB 421; R v Savage; DPP v Parmenter [1991] [43] R v Savage; DPP v Parmenter [1991] 4 All ER 698 [44] R v Chan-Fook [1994] 2 All ER 552 [45] R v G [2003] UKHL 50 at [41], [2004] 1 AC 1034 at [41], [2004] 1 Cr App Rep 237 at [41] per Lord Bingham of Cornhill [46] R v Donavon (1934) 2 KB 498 [47] See also A-Gs Reference (No 6 of 1980) [1981] 2 All ER 1057 [48] R v Brown [1993] 2 All ER 75 [49] R v Brown [1993] 2 All ER 75 [50] R v Burstow; R v Ireland (1997) 4 All ER 225 [51] R v Burstow; R v Ireland, supra [52] R v Constanza [1997] Crim LR 576 [53] R v Savage; R v Parmenter (1991) 3 WLR 914 [54] Protection from Harassment Act s 7(2) [55] Protection from Harassment Act s 1(2) (as amended) [56] R v Colohan [2001] EWCA Crim 1251, [2001] 2 FLR 757, [2001] Crim LR 845; Halsburys Laws of England: Criminal Law Evidence and Procedure 2. Offences Against the Person (3) Non fatal offences against the person (xi) Harassment 152. Prohibitions of harassment and offence of harassment

Unemployment Essay

How to Deal with Unemployment Unemployment seems to be a problem that is faced by many nations around the world. Whenever there is an economic downturn, people lose their jobs and unemployment rears its ugly head once more. An ever-recurring problem does not seem to have a proper solution. Although the economic situation in the world does have an effect on employment, its impact on individuals is varied. While some people become the immediate preys of unemployment, others seem to thrive in any situation that they are placed under. No matter what circumstances they go through, they always come out on top, while others keep going down. We are not talking about those that come up by hook or by crook, but about the ones that come up through perseverance, patience and determination. It looks like employability has more to do with the mind than with the world economics. It is what goes on inside a person’s mind that really matters. External factors can impact a person’s life to some extent, but their effect on people’s life is a direct result of their mental attitude and belief system. When the recession started and gloom and doom were predicted, many people committed suicide even before they lost their jobs. Fear can cripple many people and make them do things that they would not do under normal circumstances. Others have been able to survive and go through the recession and come out on top successfully. Some who have lost their jobs have started businesses, which are now thriving. Recession can, therefore, affect those who allow it to take control of their lives. On the other hand, when people are determined to be successful, no recession can stop them from achieving their goals in life.

Benefits of Science Free Essays

Daylon Coles Everybody in this country knows the benefits of having science apart of our culture. Science is the systematized body of knowledge which helps our minds to learn and discover all about everything. It improves us by developing our minds, creating advancements in technology and makes it a bit easier to live in our world. We will write a custom essay sample on Benefits of Science or any similar topic only for you Order Now Science matters in our world and it should matter for the simple fact that without science, we would fail to make advancements in life, from a business and ethical standpoint, and it should matter because ancient civilizations which were far more advanced than us, incorporated science as their primary means of survival and advancements. Measles is a highly contagious viral illness of the respiratory system that spreads through airborne droplets when an infected person coughs or sneezes. Historically, measles has been a life taking disease, but WHO (World Health Organizations) reported in 2006 that measles death rates dropped from 871,000 to 454,000 between 1999 and 2004, thanks to a global immunization drive. That’s about a 50 percent decrease in 5 years thanks to the advancement in Science. Living in this country you can’t fail to neglect the business aspect of it. Science has also proved to have some pros to the business aspect of life. If we were to take a look at some numbers, exclude ethics, and examine the business aspect, ’some’ people are actually generating a very good profit: In the year 2008, there were more than two dozen pharmaceutical companies that grossed over a billion dollars. In order to determine if we need science in our world, we would have to determine whether or not the world would be a more effective place without science. That would mean taking away the scientists of the world and imagining the world without it. I’ll attempt to focus on a couple of scientist and what they do and you, the reader, can determine whether or not we need these sciences: Agricultural Scientist- Study commercial plants, animals and cultivation techniques that increases the productivity of farms, Microbiologists- study bacteria, virus and fungi, Neuroscientist- study the function of the nervous system, Medical scientists- Scientists who carry out clinical trials to find revolutionary solutions in the field of medicine. So for instance, you take away the science of agriculture and you fail to have to necessary crops to produce basic means for life. You take away microbiology and you will no longer have the tools to create vaccines for diseases people encounter in everyday life. If you were to sit back for a moment, and just visualize the world without the many different braches of science, you can clearly see the world is in much need and will continue to be in dire need of science. One negative viewpoint people may try to take is that advancement in science and technology brings pollution, destroys animal life and maybe even one day it will destroy earth. People may also believe Science opposes the way humans should live, degrading our morals and encourage humans to be lazy and materialistic. These theories can potentially be true, but before fully agreeing with them ask you to imagine this scenario; If you were sitting in a room tied down to a chair with a loaded gun on the table, would the gun shoot you? It’s just you, four walls, yourself tied down to the chair and the loaded gun. Obviously the gun would not shot you. That is the same exact concept of science. It’s not the science that causes so much pollution and makes people lazy; it’s the people. If you were to take a doctor who specializes in abortions, but decides to never indulge in performing such operations, people wouldn’t see him as abusing his right. So when looking at science from a negative viewpoint remember guns don’t kill people, people kill people. No matter how you look at it, science is a vital concept in life and without it, we would be a lost civilization. Science does matter in the world and it should matter for the simple reason of progression. If you aren’t going forwards, then you’re going backwards and fortunately, science is the tool that allows us to continue to advance. How to cite Benefits of Science, Essay examples

Henry james and william dean howells Essay Example For Students

Henry james and william dean howells Essay Post-Civil War American Literature saw a transition from the prominence of romance to the development of realism. In the late 1800s, the United States was experiencing swift growth and change as a result of a changing economy, society, and culture because of an influx in the number of immigrants into America. (Spiller 35) Whereas authors previously sought to idealize human beings, fall in love with a dream, and then, reject the real man or woman who had inspired the dream, they now worked to accurately portray life and people as they really were. (Wagenknecht 68) Realists such as Henry James and William Dean Howells, two of the most prolific writers of the nineteenth-century, used typical realistic methods to create an accurate depiction of changing American lifeHenry James was one of five children of affulent, eccentric parents. While his birth in 1843 was in New York City, his parents were purposly rootless, and by the age of eighteen he had already crossed the Atlantic six times. He avoided participation in the Civil War because of a poor back and began a role which he would maintain throughout his life and writings, one of a detached observer rather than participant in the American social scene. (Matthiessen 14)The first phase of James writing begins when he is twenty-one, in 1864 and continues until 1881. He was extremely popular during this time, especially during after publication of a short story Daisy Miller, which is concerned with the destruction of a naive American girl by European mores. James continues the theme of placing Americans without sufficient social experience into the complex society and culture of Europe with The American, which chronicles a man whose finds himself unable to buy his way into French society. (Matthiessen 14)For Henry James, the years of 1882 to 1895 brought less success. His novels now took on a more political tone. (Matthiessen 15) In 1886, he published The Bostonians, regarding the feminist movement in New England. Here, he complained that women who wanted to become just like men were disregarding their own uniqueness. (Norton 616) The Tragic Muse, published in 1890, continues this trend as it contrasts art with politics. After these works failed commerically , James turned to the British stage; he found no greater success there. (Matthiessen 15) The period of James life recognized as the final phase, the one which Matthiessen calls the Major Phase, revolves around three novels with which James assured himself a place in American Literature. Released in 1902, The Wings of the Dove contrasts a rich young American with European fortune hunters that are ultimately shamed by the dying heroines tragedy.A year later, The Ambassadors, which James called ‘the best, ‘all round of my productions describes the initiation of an aging American into the relativistic ethics of the Old World in ‘huge iridescent Paris. The Golden Bowl verbosly analyses father-daughter and adulturous relations. (Matthiessen 16)Ultimately, James genius was recognized by those who share his craft. His works explore psychological subtlies; he is renown for his use of ambiguity and dramatic characterisation. While his works lack the elements of middle-class American life, impeding acceptance by the general public. James contribtutions to literature are still felt today, as he influenced such authors as Wharton, Joyce, Woolf and Faulkner. (Matthiessen 19)William Dean Howells, born in 1837, was the son of printer, and, because of this, his early life was devoted to the typecast word. He learned to set type before he was able to write, and many of his earliest composition came not from the pen, but rather from the press. Although his fathers lack of money prevented Howell from receiving a formal education, as a young boy he read a tremendous amount of material, providing a rich and diverse literary background for his later works. (Wagenknecht 1-2)Howells began his career by writing for a number of mid-Western newspapers. .ua92df1e7da00e97c0472cecb2ebdc7c6 , .ua92df1e7da00e97c0472cecb2ebdc7c6 .postImageUrl , .ua92df1e7da00e97c0472cecb2ebdc7c6 .centered-text-area { min-height: 80px; position: relative; } .ua92df1e7da00e97c0472cecb2ebdc7c6 , .ua92df1e7da00e97c0472cecb2ebdc7c6:hover , .ua92df1e7da00e97c0472cecb2ebdc7c6:visited , .ua92df1e7da00e97c0472cecb2ebdc7c6:active { border:0!important; } .ua92df1e7da00e97c0472cecb2ebdc7c6 .clearfix:after { content: ""; display: table; clear: both; } .ua92df1e7da00e97c0472cecb2ebdc7c6 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua92df1e7da00e97c0472cecb2ebdc7c6:active , .ua92df1e7da00e97c0472cecb2ebdc7c6:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua92df1e7da00e97c0472cecb2ebdc7c6 .centered-text-area { width: 100%; position: relative ; } .ua92df1e7da00e97c0472cecb2ebdc7c6 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua92df1e7da00e97c0472cecb2ebdc7c6 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua92df1e7da00e97c0472cecb2ebdc7c6 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ua92df1e7da00e97c0472cecb2ebdc7c6:hover .ctaButton { background-color: #34495E!important; } .ua92df1e7da00e97c0472cecb2ebdc7c6 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua92df1e7da00e97c0472cecb2ebdc7c6 .ua92df1e7da00e97c0472cecb2ebdc7c6-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua92df1e7da00e97c0472cecb2ebdc7c6:after { content: ""; display: block; clear: both; } READ: Pearl Harbor not a surprise Essay He first appeared in the January 1860 issue of The Atlantic Monthly, a periodical he would later become editor-in-chief of, with a poem, Andenken. That year, he also published an autobiographical work of Abraham Lincoln for the candidates campaign, which later won him an appointment as the American consulate at Venice. Howell returned to the United States in 1865 and worked for the Atlantic Monthly until 1881. (Wagenknecht 4)After this, Howells began his first true novels, which were mostly based on his own travel experiences. These works provided the literary basis for his later works that his newspaper poems and serials had not. This climaxed in his works which began after 1887, when he risked his career writing a letter to the New York Tribune urging a pardon for the so-called Chicago anarchists, some of whom were executed for killings during the Haymarket Square riot which they were not believed to have committed. After his plea, a string of Tolstoy-influenced novels were released by Howells, which include A Hazard of New Fortune and The Quality of Mercy.Howells, while opposing idealization, made his comic criticisms of society by comparing American culture with those of other countries. (Bradley 114) In his comic writings, Howells criticized American morality and ethics but still managed to accurately portray life as it happened. He attacked and attempted to resolve the moral difficulties of society by this rapid change. (Elliott 505)He believed that novels should should present life as it is, not as it might be. (Wagenknecht 31)In the process of doing this, Howells demonstrated how life shaped the characters of his novels and their own motives and inspirations. By concentrating on these characters strengths as opposed to a strong plot, he thematically wrote of how life was more good than evil and, in return, wanted his literature to inspire more good. On the other hand, Henry James judged the world from a perspective offered by society and history . (Matthiessen 74) He also separated himself from America to create an unbiased view of it as a spectator and analyst rather than recorder of the American social structure. (Spiller 169) He wrote from a perspective that allowed him to contrast American society with that of Europe by contrasting the peoples ideas. By contrasting social values and personal though about America in America, he presented to the people the differing motivational factors that stimulated the different social classes. (Bradley 1143) Howell and James managed to very formally portray America as it was while adding their own criticisms about it in an attempt to stimulate change.