Tuesday, September 17, 2013

Assault

The criminal liability of Dana will be discussed in tender intercourse to the criminal offence of murder. Murder is a cat valium lawfulness offence and can be defined as the outlawed slaying of another clement being with nastiness aforethought. bitchiness aforethought has been given a modern interpretation, finalised in Cunningham, to specify where the suspect intended to kill or pay off threatening bodily harm. To be guilty of murder it must(prenominal) be shown that Dana performed the actus reus and had the necessary mens rea. There must also be a coincidence of actus reus and mens rea, a criteria laid out in Jakeman. It is no longer a requirement that the victim dies inwardly a year and a day as discussed by skipper Muskill in Attorney-Generals Reference (No.3 of 1994) on developing in this area. The actus reus of murder is the unlawful killing of another human being. For the actus reus to be established it must be shown the but for bear witness is satisfie d, that the suspect was the significant cause of remnant, and that there was no flunk in the chain of causation. The defendant must also pass on been performing voluntarily. If an element of the actus reus is missing then there is no liability. This was show in the case of Deller whereby the defendant believed his example of the car he was selling to be mendacious.
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It was in fact genuine so the part of the actus reus that he had made a false representation was missing, so there was no liability. The mens rea of murder is the ambition to kill or cause grievous bodily harm. The present-day(prenominal) worry on i ntention is that from Nedrick in which over! lord thoroughfare CJ states the venire should be directed that they are not entitle to come the necessary intention unless they feel sure that death or serious bodily harm was a virtual(prenominal) induction as a result of the defendants actions and that the defendant appreciated that such was the case. This was confirmed in Woollin where Lord Steyn reformulated the direction to not entitled to find. This is indwelling intention as...If you want to get a full essay, holy order it on our website: OrderCustomPaper.com

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