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R v Franklin – 1883

Law Case Summary

R v Franklin (1883) 15 Cox CC 163

Manslaughter caused by an unlawful act and criminal negligence

Mr Franklin was charged with manslaughter after he threw a large box into the sea from Brighton Pier, which struck a person swimming underneath and resulted in their death. The prosecution argued that the case should be considered based on the principles of the case R v Fenton, which states that an unlawful act that cannot be justified or excused should be sufficient for a manslaughter conviction. However, the court rejected this argument and instead found Mr Franklin guilty based on principles of criminal negligence. The court also noted that the case of R v Fenton was not applicable to this case as the circumstances were different.

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Answering problem questions in the University of London LLB programme requires a clear understanding of legal principles, good analytical skills and the ability to apply the law to a given set of facts. Here are some tips to help you answer problem questions effectively:

  1. Read the question carefully: Make sure you understand what the question is asking before you begin writing.
  2. Identify the legal issues: Identify the legal issues raised by the facts and the relevant laws that apply to those issues.
  3. Analyze the facts: Analyze the facts presented in the question, focusing on the details that are relevant to the legal issues.
  4. Apply the law: Apply the relevant laws to the facts, making sure to consider all relevant legal principles and cases.
  5. Structure your answer: Use a clear and well-structured approach, starting with an introduction that outlines the main legal issues, followed by a discussion of the relevant laws and a conclusion that summarizes your analysis and sets out your conclusion.
  6. Use relevant cases and statutes: Cite relevant cases and statutes to support your analysis and help illustrate the legal principles you are discussing.
  7. Be concise: Be concise and to the point, focusing on the key issues and avoiding unnecessary detail.
  8. Proofread: Proofread your answer carefully to make sure it is error-free and clear.
  9. Time management: Make sure you manage your time effectively, leaving enough time to review your answer and make any necessary corrections.

By following these tips, you should be able to answer problem questions in the University of London LLB programme effectively and with confidence. Good luck!

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