Offences Committed and Charges Case Study Example | Topics and Well Written Essays - 3750 words

Offences Committed and Charges - Case Study Example Carol recovered from the snake bite, but lost her baby which died as a result of the poison entering Carol's system. Ahmed , Carol's boyfriend and father of the baby, found out who had sent the snake and decided to kill Mary. Ahmed discussed the idea with his brother Mike whilst they both shopped in the local supermarket. Gabriel, Mary' brother, who happened to be in the local shop, overhead what Ahmed planned to do and he confronted Ahmed and spat in Ahmed's face. Incensed, Ahmed grabbed a knife from the counter and told Gabriel he would kill him. Gabriel ran out of the shop and hid in the back of a bin-lorry that was parked outside. When the bin-lorry moved off Gabriel was badly crushed and died of his injuries. f)Also ensure that you prove the actus reus, mens rea etc. don't juststate the ofence/defence,prove them.e.g.for provocation you would need to prove that the D suffered a sudden and temporary loss of self -control and that the provocation was sufficient to have caused a reasonable man to have acted similarly(all the while you support your statements with authority-case law or statute or both and apply to the facts before you) In determining the possible charges that each of the above persons might face it is necessary to consider the mens rea and the actus reus for the offences. Having established the criteria needed for such charges to be brought it will be then necessary to discuss any possible defences that each might have. From this it should be possible to reach a conclusion as to the offences committed and the persons that will be charged with the offences. As there are four potential defendants it will be best to discuss the possible charges for each under separate headings. Richard In the above it has been stated that Richard punched Rose in the face and broke her nose. In order to determine what Richard might be charged with it is necessary to consider the level of the assault and then the actus reus and mens rea required to prove the offence. Charges can be brought for assault under either s39 of the Criminal Justice Act 1988 (CJA 1988), or the Offences Against the Person Act 1861 (OAPA, 1861) were there are three levels of assault that can be charged. These are listed under s18, s20 and s47 of the OAPA. The degree of injury is used by Crown Prosecution Service (CPS) in determining under which section of the Act the accused should be charged. S18 and s20 offences generally require the victim to have received a wound in which the skin has been broken. Under the charging standards as applied by the CPS injuries such as a broken nose would be covered by a charge under s47 OAPA. Actus reus under s47 The term actus reus refers to the act of the accused which when combined with either intention on the part of the accused or recklessness causes a crime to be committed. The actus reus for an offence will alter depending on the crime committed. Cases such as Fagan v MPC [1969] 1 QB 439, [1968] 3 All ER 442 and Savage v Parmenter [1991] 4 All ER 698 suggest that the actus reus of assault has been committed when

Midterm 1 Essay Example | Topics and Well Written Essays - 2000 words

Midterm 1 - Essay Example y to make friends who can lead you through your investigation if an anthropologist identified himself as a freshman as opposed to declaring his mission in his introduction.th factor of age difference between the student at the university and the anthropologist means that there will be communication barrier. The fact that the anthropologist is in a fact finding mission, requires that he employees a disguised identity all along if the mission is to bare any results. An authoritative voice is a voice that speaks more of an insight that is full of self-believe, and disregard for advice from other. Perhaps, a person with an authoritative voice will always define the destiny of a team regardless of the position of the team in the same. Naturally, people are not impressed with being directed to do something especially if they know that it is not right as far as their understanding of the same is concerned. For instance, if a woman fears of her capacity to give birth in the natural way, they will insist on undergoing a caesarian delivery method. The other way it relates to the eight logics is in the commitment students show towards their education, some students may not heed the call to read a chapter before entering a discussion and still insist that they know what they are doing. The ideology that authoritative voices conflict is true in the sense that, anyone who speaks with authority, will want to be the final decision maker and in that regard, consensus is never arrived at under that leadership. Virginity for instance, in some cultures like the Islam, it is highly regarded, and everybody is expected to be a virgin before he/she gets married. While male counterparts from the same religion are not restricted by culture, the same prize seems to be an infringement on the side of the female. Decision on the same is a responsibility of the men in that society which sparks a conflict of interest as to why would someone who is not a virgin be a custodian of the same. While