Mens Rea For S20 Case Study

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4. Toby is 18 years old and has just started University. He was very keen to be accepted by his peers and wanted to join the debating team. The rules of the team stated that, apart from being a strong debater, if he wished to join the team, Toby must allow the captain of the team, Ken, to light a paper hat whilst Toby is wearing it. Toby agreed and received some superficial burns to both of his ears. The injury that Toby suffered is superficial burns to both of his ears although this could fall under S20 (maliciously inflicting GBH or Maliciously wounding). The actus reus is inflicting grievous bodily harm which in this case is the superficial burns. The mens rea for S20 is not intent but some foresight that some harm might result as stated…show more content…
The actus reus is that the victim must suffer actual bodily harm as a result of the battery. In this case Ken has broken his nose as the result of Toby’s punches. The mens rea is intentionally or recklessly inflicting unlawful force on the victim. Even if Toby did not intend actual bodily harm or foresaw a risk that his act might cause actual bodily harm, it would still satisfy the mens rea as S47 is a constructive offence. In this case Toby has been reckless and it seems that he also intended to cause the harm because he was angry. By using the case of Haystead, Ken falling backwards and hitting his head was entirely and immediately the result of Toby’s action in punching him. So although this is indirect application of force, the injury is one of grievous bodily harm which would fall under S20 (malicious inflicting grievous bodily harm). The defence for Toby could be intoxication but only if the intoxication has made him incapable of forming mens rea, he could use this defence. Voluntary Intoxication on its own cannot be a…show more content…
6. Ivor and his sons Jez, aged 8, and Henry, aged 12, were walking home one evening when they were confronted by Oscar. Oscar suffered from delusions, one of which was that he had the right to kill children. He threw stones at Jez and Henry, one of which hit Henry, causing him serious injuries. Jez picked up a bottle which was lying on the pavement and threw it at Oscar, causing a deep cut on Oscar’s arm. Ivor threw himself at Oscar and struck him several times, knocking Oscar to the ground. Ivor, Jez and Henry escaped and ran off. The next day, Ivor was walking down a quiet street when he saw a person whom he believed to be Oscar walking toward him. Remembering the events of the previous evening, he went up to the person he thought was Oscar and punched him several times. He then realised that the person was not Oscar but was in fact Tom. He apologised to Tom and offered to buy him a cup of coffee. Ivor and Tom went to a cafe where they drank coffee and ate cakes. They left the cafe and were crossing the road when a car came speeding toward them. Ivor pushed Tom out of the way of the approaching car. Tom landed awkwardly, dislocating his

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