As Criminal

1a)15 marks For a person to be found guilty, the pursual must prove beyond all-reasonable doubt the def removeant has be turningiveus reus (guilty act) and mens rea (guilty mind). When actus reus is present, it is normally a voluntary act as seen in Fagan v Metropolitan Police Comissioner 1968 where the courts established that the actus reus was a continuing act and coincided at some point with the mens rea. momention abominations (when the action is the take away outcome of a crime e.g. murder), result crimes (when the action has the fetch up consequences of becoming a crime e.g. murder or assault) and solid ground of affairs (when a crime is committed due to certain(prenominal) circumstances e.g. illegal immigrants) are types of guilty acts. Only acts and non omissions dejection make a person guilty of an offence eject when Parliament says, for example in S6 Road handicraft Act 1988, there was a clear actus reus as the suspect ref procedured to use a b reathalyser. There are five common uprightness exceptions to omissions, they are considered in family relationships (Downes 1875), where the defendant has assumed function for someone (R v Stone & Dobinson 1977), when there is an arising duty for an formalized flummox (Dytham 1979), when one is under a contract (Pittwood 1902) and where the defendant started a chain of events (R v Miller 1983).

It is sometimes heavy(a) to establish originator especially when it has been make waterd by a name of factors. Where there is an actus reus, the defendants conduct must be the actual energise of harm. There must b e no intervening acts that base break the c! hain of causation and for the pilot light stain must be more than a stripped cause as established in the de-minimus rule. In real causation, the prosecution must prove except for the defendants act, the crime would not have been committed (R v Pagett 1983). In new(prenominal) situations, causation talent be broken as in White 1910, when the victims son poisoned her, but she had go bad ealier from a fatal heart attack. Te defendant might not be...If you want to get a lavish essay, rig it on our website: OrderCustomPaper.com

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