R v Adomako, Law case Essay Example | Topics and Well Written Essays - 1500 words

R v Adomako, Law case - Essay Example The Court of Appeal discussed the tests on involuntary manslaughter when related with questions of gross negligence in dismissing the case and upholding a conviction. The court was faced with confirming that the violation of the duty of care resulted into the death of the victim. It was also important to find out whether the breach of the duty resulted to the death thus justifying a criminal conviction. The appeal was thus dismissed as it failed to convince the judges of the Court of Appeal to have satisfied the test of gross negligence in manslaughter cases (Erin and Ost 2007, p.19). The House of Lords was to ascertain what established criminal negligence, whether it was by gross negligence among drivers, as claimed in R v Bateman [1925] 19 Cr.App.R.8 and Andrews v Director of Public Prosecutions [1937] A.C.576; ignoring drivers carelessness as detailed in R v Lawrence (Stephen) [1982] A.C.510, or analyse the situation by its facts (Herring 2012, p.193). The House of Lords upheld th e conviction of the appellant for the offence of manslaughter stating that the law as made in the case of R v Seymor [1983] 2 A.C.493 was not relevant to the present case as the law it was found on been changed by the Road Traffic Act of 1991 that applied presently. The rider to this is that the trial judge is at liberty to use the word according to its liberal or literal meaning only when he thinks it as appropriate to the case beforehand. From this case, the House of Lords established the examination for serious negligence in manslaughter suitcases committed though not voluntary, Lord Mackay, LC in construing this in involuntary manslaughter cases stated that the usual test of negligence applied that which constituted the breach of duty that has resulted in harm or injury (Halpin 2004, p.93). Therefore, if a breach occurred that resulted in the death of the victim, the jury would be required to find out if the gross negligence resulted in the crime of manslaughter. In his argument , this depends must depend on the seriousness of the violation of the duty committed by a defendant in the course of his duties. In the present case, what the duty is supposed to care about is whether the conduct of the defendant was far from the standard of care expected of him and that it resulted in the death of a patient. Only if the departure was far from the expectation would the act or omission be adjudged as criminal. Using R v Bateman [1925] 19 Cr.App.R.8 as a basis for Lord Mackay while quoting Lord Hewart, CJ stated that as laid down in manslaughter cases if a person holds a position of consultancy, possesses special skills and knowledge and acts on behalf of a patient he should exercise due caution. Therefore a patient who willingly submits to the direction and treatment offered by a specialist is owed a duty of care that involves the exercise of skill and knowledge, care and diligence including caution in the provision of the medical care. In finding a conviction or not , the jury is therefore required to exercise utmost care through reasonable and a fair standard of care that takes consideration of the competence of the professional involved. Lord Atkin in formulating recklessness and gross negligence cases in involuntary manslaughter cases in Andrews v Director of Public Prosecutions [1937] A.C.576

To what extent to risk ,rewards and motives contribute towards an Essay

To what extent to risk ,rewards and motives contribute towards an entrepreneurs goals - Essay Example In the current era it can be seen it is mostly the motive of growth that is followed. However, such long-term visions or motives cannot be shared at lower level of the organization. Therefore, long-terms objectives are divided into small achievable tasks and goals in order to bring in a sense of achievement. Thus, in order to keep the employees motivated rewards are offered at the completion of the goals assigned, both at an individual and team level (Joanne, et al., 2013). Reward systems hold a strategic importance for an organization. Human resource being an important contributor in the operations and success of the organization often requires some risks to be taken in order to grow, especially entrepreneurs that try to excel with limited resources. Thus strategic management of all these factors risks, rewards and motives is very important for the success and growth of an organization. Contribution of risks in achievement of goals Every project, action or the decision that the mana gement would take definitely has associated intrinsic and extrinsic risks. With growing business competition and globalization of economies the risks are increasing, not only the larger organizations but also for SMEs and entrepreneurs. It is often said â€Å"high risk high return, low risk low return†. Thus, in order to increase profits and operations of a business, entrepreneurs take risks. The important thing is how these risks are managed. Risk management today has become a critical part of the strategic management of an organization. It allows the identification of the risks and events that can hamper the proceedings of the project, as per planning. It even doesn’t allow its successful completion (John, et al., 2005). Identification of risks allows, in advance, to take precautionary measures. Hence, it gives the control to management to exploit the situation. This further gives an advantage to the organization. It is the strength of the strategic management that c an make the risk to be the critical contributing sector in success of the organization; rather than a diminishing factor that would curtail the progress of the organization. Example of a multinational organization such as Walmart can be taken. Walmart used expansion as the growth strategy. They expanded into new markets facing new and extended risks. Pre-identification and analysis of such risks allowed them to exploit the events in their resources, as risk management had given them the opportunity to make better decisions and allowed them optimum use of their resources. Rewards and Motivation Reward and recognition system holds a critical importance in the human resource management of the organization. Employees or personnel are a major factor that decide the output, productivity and growth of the organization. They are the ones who would be converting the ideas and decisions of the management into actions. Management often splits their long-term objectives into short-terms goals a nd assigns tasks to each employee, individually or as a team. However these are the organizational goals that the employees are working for and they might be different than that of personal goals of an employee. It is the responsibility of the management to align the organizational goals with the employee. Hence, they should work for the benefits of both. It can be said that money is a motivational factor. As per Maslow’s need hierarchy theory, it satisfies the basic needs of an individual. However besides rewards, recognition is