Criminal Law

Damian tries to assassinate Andrew , but security is very tight , and he hits Andrew s deputy , Bert . Who as a Jehovah s Witness , refuses a life-saving blood transfusion and dies . Damian , while escaping by car is embarrass by Collin whom he knocks down at very amply speed fatallyDamian escapes and after several weeks , the police identify him as their prime suspect . Ewan , carrying out police surveillance in Damian s garden , is spotted by Damian . Damian confronts Ewan , who reaches for his police badge . Damian , accept Ewan is reaching for a gun , stabs him fatally . Discuss Damian s obligation for any homicide offences he has committedIn the case described above , Damian do an abortive attempt to assassinate Andrew , a politician , by shooting at him . This clearly indicates that Damian had a peculiar(prenominal) determination to kill Andrew which in itself constitutes intent of murder in venomous law . According to nefarious law a offence consists of both a mental and a physical subdivision Mens rea , or the mental element , is the person s awareness of the particular that his or her conduct is criminal and exerciseus reus , the physical element , which is the act itself . Judges began to hold that an act alone could not constitute criminal liability unless it was accompanied by a unrighteous state of mindIn Hyam v DPP , the defendant , put a vehement news through the letterbox causing the oddment of two children . The defendant pleaded that the intention was not to kill but nevertheless the defendant had anticipated that this could start death or grueling bodied harm . Ackner J held that the defendant was fineable if she knew that her act would work at least serious bodily harm . The theatre of operations of Lords held that the defendants anticipation that their actions were probable or highly probable to cause death or grievous bodily harm was commensurate mens rea for murder .

Similarly in R v autograph and Shankland , the defendants threw a concrete block from a bridge onto the superhighway below which struck a taxi that was carrying a works miner killing the driver . The defendants argument that they only intend to block the road was not accepted and the trial suppose directed the jury on the basis of Lord tie s statements in Moloney , resulting in the defendants conviction for murder . Therefore , Damien is guilty of murder , because he had anticipated that his action would result in grievous bodily harm or even death and therefore despite his missing Andrew and shooting Bert , he is conjectural for this deathIn a specific intent crime the defendant has roughly ulterior motive and the mens rea goes beyond the actus reus . The aggravated offence of criminal damage , occurs when a defendant causes damage or devastation to property with the intention of endangering life . The actus reus has the further or specific intent of endangering life . The actus reus of an act with intent to do grievous bodily harm is wounding . However , it has to be naturalized that the defendant not only...If you want to get a overflowing essay, order it on our website: Orderessay

If you want to get a full essay, wisit our page: write my essay .