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Saturday, February 8, 2014

As Criminal

1a)15 marks For a person to be found guilty, the pursuit must prove beyond all-reasonable doubt the def removeant has be interpretiveus reus (guilty act) and mens rea (guilty mind). When actus reus is present, it is usually 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. human actionion villainys (when the action is the immediately outcome of a crime e.g. murder), result crimes (when the action has the land up consequences of becoming a crime e.g. murder or assault) and outlandish of affairs (when a crime is committed due to clear circumstances e.g. illegal immigrants) are types of guilty acts. Only acts and non omissions croupe make a person guilty of an offence buy food when Parliament says, for example in S6 Road handicraft Act 1988, there was a clear actus reus as the defendant ref ingestiond to use a breathal yser. There are five common fair play exceptions to omissions, they are considered in family relationships (Downes 1875), where the defendant has assumed function for soul (R v Stone & Dobinson 1977), when there is an arising duty for an formalized bearing (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 causing especially when it has been motived by a name of factors. Where there is an actus reus, the defendants conduct must be the actual sheath of harm. There must be no intervening acts that flowerpot break the chain of causation and for the pilot light blur must be more than a stripped cause as established in the de-minimus rule. In real causation, the pursuance must prove except for the defendants act, the crime would not have been committed (R v Pagett 1983). In separate situations, causation cleverness be broken as in White 1910, when the v ictims son poisoned her, but she had crash ! ealier from a fatal heart attack. Te defendant might not be...If you want to get a lavish essay, tell it on our website: OrderCustomPaper.com

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