essential elements of a crime

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Essential Elements of a Crime Scioloh Goveia
The Actus Reus is a voluntary deliberate act, all elements of a crime, excluding the
mental element it also includes the conduct, or result of consequence, a state of affairs.
This happens where can be guilty, it is voluntary deliberate of the defendant (Hill v
Baxter 1958) offences against the person act in s20.
It must be proved by the prosecution to that the defendant committed a guilty act and
also has a guilty mind.
Stephen, a member f the gang Gunho gang has been arrested and charged with the
killing of Vincent, a member of a rival gang. Stephen grabbed and punched Vincent in
the stomach, Vincent feel to the floor gasping for breath, Stephen panicked and ran
leaving Vincent on the floor.
Vincent and Stephen already had a hate for each other because they were member of
different and rival gangs. Vincent was taken to hospital later on and given a new drug
which he had an acute allergic reaction from and died of heart failure, neither Stephen
nor the medical staff knew that the victim was acutely asthmatic.
In this case Stephen should be held accountable and responsible for either
Manslaughter, grievous bodily harm or Murder, the Actus Reus was there since Stephen
did intentionally punch Vincent, his intention was to hurt him, since he was dating his
former girlfriend, if Vincent didn't know it was wrong or dangerous in the first place it will
not be linked to a voluntary act, as we take for example the case cited before Hill v
Baxter 1958, where the driver was attacked by a swarm of bees and drove over a
pedestrian, in this case, this was a voluntary act as he did not intend to cause any harm,
the circumstance was beyond his control so he was not held accountable for the results.
An omission is a failure to act it is not the act itself. The law only makes a person liable
for his failure to act if he has a duty to act. Like in Pittwood (1902) where he was
employed as a gatekeeper at a railway crossing, one day he went to lunch leaving the
gate open. A cart crossing the line was hit by a train. One man on the cart was killed.
Pittwood was convicted of manslaughter, based on his failure to carry out his duty to
close the gate when a train approached as it was part of his employment contract.
Omissions duty of care exists as a statutory duty, parents and children, motorists with
other motorists, doctors and nurses with patients and teachers with pupils, police
Pip Murray Essential Elements Scenario

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Essential Elements of a Crime Scioloh Goveia
officers with members of the public. In this case Stephen did not own a duty of care to
While judging this type of case the prosecutor must prove that Stephen caused the
outcome and there has to be an uninterrupted link between the conduct and conclusion.
Since Stephen did not kill Vincent the Factual causation which is also known as the "But
for" rule will be used here.…read more

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Essential Elements of a Crime Scioloh Goveia
making a sentence. In this case the only types of mens rea are intention and subjective
recklessness.…read more

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Essential Elements of a Crime Scioloh Goveia
1. R Et Al Wortley, 2008. Aqa Law for As. New edition Edition. Nelson Thornes Ltd
2. Michael Allen, 2009. Textbook on Criminal Law. 10 Edition. Oxford University
Press, USA.
3. Catherine Elliott, 2008. Criminal Law. 7th Edition. Longman.
4. Stephen Buckley, 2009. Understanding Criminal Law (Understandings).
Edition. Manchester University Press.…read more


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