As Criminal

1a)15 marks For a person to be found guilty, the criminal pursuance must prove beyond all-reasonable doubt the def removeant has be act uponiveus reus (guilty act) and mens rea (guilty mind). When actus reus is present, it is ordinarily 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. issueion offensive activitys (when the action is the manage outcome of a crime e.g. murder), result crimes (when the action has the turn back consequences of becoming a crime e.g. murder or assault) and expanse of affairs (when a crime is committed due to explicit circumstances e.g. illegal immigrants) are types of guilty acts. Only acts and non omissions abide make a person guilty of an offence notwithstanding when Parliament says, for example in S6 Road handicraft Act 1988, there was a clear actus reus as the defendant ref physical exertiond to use a breathalyser. There are five common constabulary exceptions to omissions, they are considered in family relationships (Downes 1875), where the defendant has assumed function for psyche (R v Stone & Dobinson 1977), when there is an arising duty for an formalized present (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 condition especially when it has been reasonablenessd by a name of factors. Where there is an actus reus, the defendants conduct must be the actual earn o f harm. There must be no intervening acts th! at cease break the chain of causation and for the pilot light defacement 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 opposite situations, causation efficacy be broken as in White 1910, when the victims son poisoned her, but she had present ealier from a fatal heart attack. Te defendant might not be...If you want to get a lavish essay, society it on our website: OrderCustomPaper.com

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