criminal law Essay

2181 WordsMar 17, 20099 Pages
Criminal Law Essay The case study deals essentially with criminal liability which, in order to establish, requires proof of the presence of actus reus, mens rea and causation #. Actus Reus The actus reus of a crime can be described as the physical act, conduct or omission# involved in the commission of a crime. It is also necessary that the accused voluntarily brought about the wrong that has occurred#. Mens rea Mens rea translated literally means guilty mind. It is a prerequisite that the criminal behavior has been intended in some way#. Categories of mens rea include intention# (and wicked recklessness)#, recklessness# (and gross negligence) and negligence#. Causation Causation is a requirement that the conduct of the accused has resulted in the criminal results complained of#. The main question to ask in relation to supervening contributory causes is “was the outcome foreseeable”? In order to avoid liability any act which interferes with what was reasonably foreseeable# must be unrelated to the original act. ………………………………......................... The scenario deals with a variety of criminal law concepts. I will begin by discussing these concepts and then apply them to the facts of the case. Murder# Murder is the unlawful killing of another where the accused exhibits intention to kill# or such wicked recklessness as to his conduct as to imply a disposition depraved enough to be regardless of whether death ensues from his actions#. Culpable Homicide# Culpable homicide occurs where death is caused by improper conduct but where the guilt is less than murder.# Voluntary culpable homicide transpires when the accused intends his action but the mental element is less than the mens rea for murder because of either diminished responsibility or provocation.# Involuntary culpable

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