(Lord Diplock in R v Miller)2 The actus reus and mens rea need to coincide, however the requirement is interpreted broadly. (Fagan v. Commissioner of Police3) In certain circumstances omissions can count as sufficient actus reus. One of the situation is where the conduct of the defendant created a situation of danger. (R v. Miller)4
The acts of Dot attract s.1(1) the actus reus of which requires a person destroying or damaging any property which belongs to another. The actus reus must be voluntary. (Woolmington v. DPP)5 The destruction or damage of the property must impair the value or usefulness of the property. (A v R)6. Such destruction or damaged must be without lawful excuse that is there is no honest belief on the part of the defendant that the owner consented to such destruction or damage. (Denton)7
In the current situation the actus reus of Dot was by way of an omission as he was the one who created the situation of danger. The next element in actus reus is that he of destruction or damage, clearly the fire had led to damage being caused to the shed. Clearly Dot did not have any lawful excuse to cause such destruction as he merely wanted such destruction so as to further the value of his property.
Dot acquired the intention of such destruction when he refrained to constrain the damage by letting the fire to grow and destruct the shed and therefore the mens rea of the offence would be proved. (Cunliffe v Goodman)9
Since the elements of actus reus and mens rea are proved it is pertinent to point to s.1(3) which states that destruction by fire would be charged as arson which, if proved, carries a maximum sentence of life imprisonment. Furthermore such an offence is to be treated separately from criminal damage.(R v. Booth)10.
It is clear that the destruction caused was by fire and therefore Dot would be charged under arson. He clearly does not have any defence to ...
Cite this document
(“Criminal law Essay Example | Topics and Well Written Essays - 1000 words - 3”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/411602-criminal-law
(Criminal Law Essay Example | Topics and Well Written Essays - 1000 Words - 3)
“Criminal Law Essay Example | Topics and Well Written Essays - 1000 Words - 3”, n.d. https://studentshare.net/miscellaneous/411602-criminal-law.
Thus there is clear presumption in criminal law that a person would be thought of as innocent and unless a case of satisfying the courts beyond reasonable doubt of criminal liability is proved by the prosecution, the accused would be rendered innocent and the presumption of innocence would be retained.
Offenses and other petty crimes are sub-classifications of misdemeanor. This paper discusses the five categories of criminal law violations prominent in the United States. Carlan, Nored, and Downey (2011) define the legal concept of felony as a crime in which the “authorized punishment is 1 year or more in a federal or state prison, or a fine” (p.
Crime is relative. An act may be a crime in the UK but is legally permissible in another country. It all depends on the sovereign state’s law-making body whether or not to declare certain actions or inactions as crime. Although there are acts which are declared as crime in all jurisdictions, for instance, murder, there will never be a universal consensus as to what constitutes a crime.
Criminal Law or Penal Law, shall we say, is made up of a set of systematic ideas and processes which are most always theorized to come up with a logical conclusion as to how the investigating incident occurred and whether it can be considered criminal
With the common law the emphasis is on the involvement of the person charged with complicity as an accomplice, whereas in modern law the cause is directed towards the principal offenders conduct that impact on the
negligence manslaughter, in situations where a person had created or made a contribution to the creation of a state of affairs which he knew, or should have known had become life-threatening to another person, a consequent duty would normally arise on him to act by taking
The time served or handed out must be within the limits of the law present in the region. It is there to regulate or impose the social conduct of all free individuals in a society. Criminal law is more inclined on the punishment of individuals who do
1 Pages(250 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Criminal law for FREE!