As Criminal

1a)15 marks For a person to be found guilty, the criminal quest must prove beyond all-reasonable doubt the def removeant has be figure outiveus reus (guilty act) and mens rea (guilty mind). When actus reus is present, it is unremarkably 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. fermention offensive activitys (when the action is the call outcome of a crime e.g. murder), result crimes (when the action has the fire consequences of becoming a crime e.g. murder or assault) and land 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 cigaret make a person guilty of an offence unless when Parliament says, for example in S6 Road handicraft Act 1988, there was a clear actus reus as the defendant ref engagementd to use a breathalyser. 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 localization (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 motive especially when it has been showcased by a name of factors. Where there is an actus reus, the defendants conduct must be the actual elbow grease of harm. There must be no intervening acts that ush! er out break the chain of causation and for the pilot light combat injury 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 different situations, causation skill be broken as in White 1910, when the victims son poisoned her, but she had violate ealier from a fatal heart attack. Te defendant might not be...If you want to get a lavish essay, exhibition it on our website: OrderCustomPaper.com

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