Wednesday, February 26, 2020

The Case of Revision R v G and Another Essay Example | Topics and Well Written Essays - 3000 words

The Case of Revision R v G and Another - Essay Example However, the House of Lords overruled, on the grounds that an element of men's rea was a requirement in all cases involving serious offenses. The boys were therefore not found guilty of arson, or the crime of causing damage by fire3. The former was classified as objective recklessness and the latter as subjective recklessness and this had to be assessed by reference to the reasonable man. The case of Cunningham4 established conclusively that subjective recklessness involving offenses committed â€Å"intentionally and recklessly† will make the accused liable. But Caldwell imputed liability for objective recklessness as well, although Lord Edmund Davies noted a dissenting opinion on the objective recklessness of the defendant as follows: â€Å"†¦a jury could not on those words alone, properly convict him of recklessness simply because they considered that the risk ought to have crossed his mind†¦Ã¢â‚¬ 5 The House of Lords decision however overruled on the grounds that foresight or the ability to make an assessment of the consequences was deemed to be an essential part of recklessness as laid out under Section 1 of the Criminal Damage Act. The basis upon which the lower Court’s decision was overruled was that when a judgment was made on the liability for objective recklessness without making any allowance for the youth of the defendants or for whether they had the mental capacity to understand the consequences of their actions, it is bound to be erroneous. The House of Lords held that since the boys did not maliciously and deliberately set out to cause damage to the property, neither did they foresee the risk of the damages that could occur through the spread of the fire, they could not be deemed to be guilty of arson. A conviction for a crime should prove not merely an act of omission leading to a crime but also a culpable state of mind, in accordance with the principle of m en's rea. Therefore a defendant who genuinely did not perceive the risk cannot be exposed to serious punishment.

Sunday, February 9, 2020

Online Marketing Essay Example | Topics and Well Written Essays - 1750 words

Online Marketing - Essay Example There are many components which influence consumer behaviour namely: cultural, social, personal and psychological (Kotler & Armstrong, 2001). These characteristics cannot be controlled by the companies; therefore, a need to assess these elements in order to create an effective marketing plan. Cultural factors include culture, subculture and social class which all exert the broadest and deepest influence on buyer behaviour. Culture is the most basic cause of the wants and behaviours of a consumer because it cultivates how a person chooses its values and learns its standards for achievement and success. Moreover, it varies from country to country and it can also have a shift within its own sphere which may cause a new product entry. On the other hand, subculture refers it the smaller groups of people who share the same value system and it can include nationalities, religions, racial groups and geographic regions. Many of these subcultures compose the important market segments for which products are specifically designed and marketed. Lastly, social classes are the divisions in a society composed of people who share similar values, interests and behaviours. These form the social class structure which exists in almost every society. It is not determined by a single component alone but a combination of different elements such as occupation, income, education, wealth and other variables. These social classes show individual product and brand preferences in areas such as clothing, furniture, cars and leisure activities. Social factors also influence consumer behaviour. It includes the following: small groups, family, social roles and status. Groups are two or more people who interact in order to accomplish mutual goals. Usually, these groups have their own opinion leaders who are the members of a reference group that wields influence on others because of various reasons such as special skills, knowledge and personality. Companies often use the opinion leader as the basis on how to properly execute its marketing strategy. The next social factor is the family which is considered as the most important consumer buying organization in a society (Kotler & Armstrong, 2001). There is a need to be constantly updated of the shifting roles of family members because each - father, mother, child - has a different role and influence on the purchase of goods and services. The last factors are roles and status. These factors refer to the positions held by each person in each of the groups he belongs to but they are completely different in definition. A role is composed of activities which people are expected to do in the group while status is the position which goes along with a role that reflects the general esteem accorded by society.