The Late Lord Horder

Horder,

doi:10.1136/bmj.2.4939.621-b

Cited by 5 publications

(4 citation statements)

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“…Serum ASAT higher than 300-500 mU/ml is inconsistent with typical alcoholic liver injury [99,100]. Originally this was related to ethanol-in duced decrease in hepatic ASAT activity [100] secondary to a possible pyridoxal 5-phosphate deficiency [101][102][103], However, in subsequent studies, pyridoxal 5-phosphate deficiency was found not to be related to rather low serum ASAT levels in patients with alcoholic liver injury [104].…”

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confidence: 99%

Use of Enzymes for the Diagnosis of Alcohol-Related Organ Damage

Salaspuro¹

1987

Enzyme

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Elevated levels of serum enzymes are frequently associated not only with alcohol- related organ damage but also with excessive alcohol consumption and alcoholism without significant tissue injury. However, both in the early detection of alcoholism as well as also in the diagnosis of alcohol-related diseases the sensitivities and specificities of these enzyme markers vary considerably. They may be influenced by nonalcohol-related diseases, enzyme-inducing drugs, nutritional factors, metabolic disorders, age, smoking, etc. Consequently, we have neither a single laboratory test - enzyme marker - nor a test combination that is reliable enough for the exact diagnosis between alcohol- and nonalcohol-related organ damage. In most cases it is possible to determine the tissue from which the elevated enzyme is derived, but only occasionally enzyme changes reflect the quantity of the tissue injury. Gamma-glutamyltransferase (GGT) is the most widely used laboratory marker of alcoholism and heavy drinking, detecting 34-85% of problem drinkers and alcoholics. However, the unspecificity of increased serum GGT limits its use for general screening purposes. Its value in the follow-up of various treatment programs, however, is well established. An elevated level of serum aspartate aminotransferase (ASAT) and alanine aminotransferase (ALAT) in an alcoholic or a heavy consumer indicates alcohol-induced organ damage. The use of test combinations significantly improves the information received with single serum enzyme determinations. An ASAT/ALAT ratio greater than 1.5 can be considered as highly suggestive for the alcoholic etiology of the liver injury. Still better discrimination between alcoholic and nonalcoholic origin of the liver disease may be achieved by the determination of the ratio of GGT to alkaline phosphatase. If this ratio exceeds 1.4 the specificity of the finding in favor for alcoholic liver injury is 78%.

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confidence: 99%

Use of Enzymes for the Diagnosis of Alcohol-Related Organ Damage

Salaspuro¹

1987

Enzyme

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“…Choice theorists struggle with liability for negligence but have argued that character theorists have difficulty too, which is a weak argument for promoting the supremacy of choice theory. 226 Even though we may punish one negligent act such an isolated action does not signify that we are often careless, a bad character trait. When Lacey suggests that a consistently negligent actor demonstrates an attitude of indifference 227 this is not necessarily the case for all those who would fit this description, which could equally be attributable to 'awkwardness and stupidity'.…”

Section: Moore's Consideration Of Five Claims Made By Character Theormentioning

confidence: 99%

Culpability, Kingston and the Law Commission

Crosby

2010

The Journal of Criminal Law

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This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston 1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted 'out of character' and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

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“…62 No, because by intending to cause serious hurt to V, D1 had violated the 'moral threshold' and must therefore assume the consequences of his own 'moral bad luck'. 63 This should also apply to parties to a joint enterprise such as the defendant in Gamble. By signing up to commit GBH to V, D2's normative position had deteriorated to such an extent that would ground his responsibility for foreseeable consequences which lay beyond his ordinary intention.…”

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Joint Enterprise Liability as Omissions

Chua¹,

Liu

2016

The Journal of Criminal Law

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This article argues that joint enterprise liability should be conceptualised under the doctrine of omissions as conceived in the recent case of Evans. As such, liability under joint enterprise is to be triggered when one is under a duty to rectify a dangerous situation and eventually fails to prevent a prohibited outcome from occurring. This analysis would overcome the two fundamental difficulties pervading the law on joint enterprise: (i) the overly harsh mens rea requirement as the law of joint enterprise currently stands, and (ii) the sheer arbitrariness of the fundamental difference rule. The authors suggest that in view of legislative inaction, the judiciary should take an active role to extend the reasoning in R v Evans so as to cover joint enterprise cases.

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The Late Lord Horder

Cited by 5 publications

References 0 publications

Use of Enzymes for the Diagnosis of Alcohol-Related Organ Damage

Use of Enzymes for the Diagnosis of Alcohol-Related Organ Damage

Culpability, Kingston and the Law Commission

Joint Enterprise Liability as Omissions

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