criminal law assingment Essay

Submitted By Sysy85
Words: 697
Pages: 3
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Using the scenario given I am going to give a detailed explanation using my knowledge and research, of how the actions and omissions of the defendant(s) can constitute to the actus reus of a crime and how the principles of nouvus actus explanation of the various states of mind required by the defendant to constitute the mens rea of the offence citing legal authority and relevant case law...

Learning Out Come 1
Referencing to case law the defendant would be the outcome of a verdict of manslaughter. I have come to this decision because the defendant was guilty of actus Reus; he had intent to hurt the victim. The defendant attacked the victim because the victim was from another rival gang and was dating the defendants ex girlfriend although the victim died from the treatment he had received, the defendant is still liable of the victim’s death. The defendant looking out of the window is also guilty of actus reus as he committed the act of attempted robbery.

Learning Outcome 2
It is a law that health services for example the hospitals /doctors have a duty of care to deliver to the public. The hospitals main priorities are to serve the victim the correct medical care/treatment needed. Regardless to the hospitals novus interveniens the defendant will still be charged with manslaughter because he was the causation of the whole incident. Although the hospital caused the death of the victim because he had a severe allergic reaction to the drugs they administered him, because of his asthma he had this reaction which they did not know about they took the victim as they found him incorporating the ‘egg shell rule’

Learning Outcome 3
The statement of mind from the defendant required to constitute the mens rea off the offence is revenge, jealousy, pride, ego, anger, hurt, resentment and anger I have come to this conclusion because the defendants ex girl friend had dated another member of another rival gang, so this resulted in the defendant feeling and array of emotions. In gang culture there is street a code for example if you disrespect another rival gang member someone has to pay the price for it. In this case the victim lead disrespected the defendant in his eyes because the victim dated the ex girlfriend of the defendant, this resulted in the defendants ego and pride being knocked also it resulted him in being resentful, hurt, humiliated jealous, angry, bitter and disrespected these emotions lead him to carry out the mens rea act, one could call it vengeance. Because the defendants pride and ego get in the way and the defendant had reputation to keep up with/status.
Defendant number 2 Known as Jim is also guilty of mens rea because he had the guilty mind to rob him.
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