Preview

Unit 24 - P1 - Describe the Elements of a Crime

Powerful Essays
Open Document
Open Document
1126 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Unit 24 - P1 - Describe the Elements of a Crime
Describe the Elements of a Crime.
BTEC National Diploma; Level 3, Business Studies
Unit 24 – P1
By unknown
BUSINESS STUDIES BTEC NATIONAL DIPLOMA
LEVEL 3 YEAR 2

In this assignment I am going to explain the main elements of law, including detailed examples that are true and relevant to the case to illustrate the meaning of this.

Actus Reus – The term Actus Reus is Latin and loosely translated it means the wicked act.
Adams, R v [1957] Devlin J A doctor was charged with "easing the passing" of a number of elderly patients (some of whom had left bequests to him in their wills) by giving drugs calculated to hasten their deaths. The Actus Reus in this case is the giving of the drugs.

Act – An Act is the physical actions the defendant took to commit the crime.
Lamb, R v [1967] CA D and a friend V were playing with a revolver. In the chamber there were two bullets, but neither was opposite the hammer when D, jokingly, pointed the gun at V and pulled the trigger. The chamber rotated and V was killed. The act was the defendant pulling the trigger.

Omission – An Omission is where the Actus Reus is in the form of not doing something, another term is negligence.
Dytham, R v [1979] CA D, whilst on duty and in uniform some 30 yards away from the entrance to a club, from which he saw a man ejected. Shortly afterwards there was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. He then left without calling for assistance or summoning an ambulance. The Omission was the defendant not helping the man outside the club from being beaten up and not calling for assistance.

Causation – Causation is the direct link between the act of the defendant and the outcome of the crime. Causation is the finding out of what caused the outcome of the crime.
Blaue, R v [1975] CA D stabbed an 18-year-old woman V and punctured her lung. At the hospital, V was told she would need a blood transfusion to save

You May Also Find These Documents Helpful

  • Powerful Essays

    The defendant ultimately stabbed Judd and Potkaj twice a piece. Judd suffered a seven inch deep stab wound to the left side of his back. Potkaj received a seven and on-half inch deep wound to the right side of his chest and a superficial incision wound on the left side of his back around his shoulder blade. Everyone remaining at 69 House Street ran outside, but the defendant remained inside where he called the police. Both Potkaj and Judd collapsed on the…

    • 1685 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    is when one party has acted, or in some cases failed to act, and that action or…

    • 984 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Loss Of Self-Control Case

    • 845 Words
    • 4 Pages

    Both defendants made a plan to attack the person who threatened them. Killed him two days later.…

    • 845 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Causation refers to whether the defendant's conduct caused the harm or damage in a crime and it must be established in all result crimes. Causation in criminal liability is divided into factual causation and legal causation. Factual causation is the starting point and consists of applying the 'but for' test. In most cases, factual causation alone will be enough to establish causation. However, in some circumstances it will also be necessary to consider legal causation. Legal causation is when the result must be caused by a culpable act, the act of the defendant may not necessarily need to be the only cause, but must be more than minimal. Factual causation is established by applying the 'but for' test. This asks, 'but for the actions of the defendant, would the result have occurred?' If the answer is yes, the result would have occurred in any circumstance and the defendant is not liable. If no the defendant is liable as it can be said that their action was a factual cause of the result.…

    • 1719 Words
    • 4 Pages
    Powerful Essays
  • Satisfactory Essays

    It is the criminal investigators responsibility to collect and preserve evidence that will later be used in court to aid in a prosecution. It is essential that the criminal investigator knows the rules of evidence because lack of such knowledge could result in inadmissibility of the evidence to be used against the defendant in court.…

    • 408 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Alan’s offence: Involuntary manslaughter - involuntary manslaughter is when a person commits an unlawful killing of a human being without intending to kill, involuntary manslaughter is often caused by recklessness or criminal negligence as you can see in this scenario Adam admits the only thing he wanted to do was to frighten off Pete he had no intent to kill anyone (Regina -v- Meeking [2012] EWCA Crim 641) In this case the appellant was convicted of involuntary manslaughter of her husband on the basis of the unlawful act was endangering road users contrary to the (Road Traffic Act 1998, s.22A (1)(b) . A.R of homicide/causation In this scenario it is clear that the killings were not voluntary his only intention was to scare off Pete as he said in police statement .Before the AR of either offence can be…

    • 1001 Words
    • 5 Pages
    Good Essays
  • Better Essays

    This paper is being submitted August 11, 2013 for Professor Sheryl Prichard’s Criminal Law and Procedure course at Devry University by Jonah Colombo.…

    • 1702 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Mr Guzha

    • 538 Words
    • 3 Pages

    Actus reus is the physical element of a crime .It can be the physical element of a crime. It can be an act or a failure to act (an omission) or a state of affairs. In most cases the actus reus will be something the defendant does, but there are situations in which failure to act is sufficient for the actus reus. These are set out at section 2.2 ‘ state of affairs’ cases are very rare.…

    • 538 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Elements of Crime

    • 1050 Words
    • 5 Pages

    There are two key elements that are common to all charges of kidnapping. One is the removal or detention must be unlawful. The second one is that there has to be some aggravating circumstance must accompany the restraint or asportation (Lippman, 2010). The mens rea of kidnapping is thought to be intent to move or to confine the victim without his or her consent. The essence of kidnapping is the actus reus of the forcible movement of a person from one place to another. The central issue is the extent of the movement required. The traditional rule in American law is that any movement, no matter how limited, is sufficient. Kidnapping is a crime against a person because it is the unlawful and nonconsensual abduction of an individual.…

    • 1050 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Donald Marshall Jr

    • 963 Words
    • 4 Pages

    It was sometime late at night on May 28, 1971 when Donald Marshall Junior and Sandy Seale were walking through Wentworth Park. During their walk, they met up with two other gentlemen named Roy Ebsary and James MacNeil. (1) At this time they had engaged in a conversation with the two men. At some time during their conversation, Donald and Sandy attempted to pan handle them. However, Mr. Ebsary was intoxicated and didn’t take very kindly to people of a different race. He shouted something to do with being black at Mr. Seale then proceeded to stab him in the stomach. After he stabbed Sandy he swung his knife at Donald. He cut Donald's arm. Sandy Seale was admitted to the hospital and died the next day. (1)…

    • 963 Words
    • 4 Pages
    Powerful Essays
  • Powerful Essays

    Legal Studies Crime Notes

    • 7112 Words
    • 29 Pages

    A crime is an act or omission committed against the community at large that is punishable by the law.…

    • 7112 Words
    • 29 Pages
    Powerful Essays
  • Satisfactory Essays

    Seven Crime Elements

    • 309 Words
    • 2 Pages

    There are seven elements that must be present for a crime to take place. Harm legality, actus reus, mens rea, causation, concurrence, and punishment are those seven elements. Crime involves things that people and do not do (Bohm & Haley, 2012). Illegal drug use, prostitution and gambling are choices that the individuals make. The individual may cause harm to themselves, however, some may argue that their loved ones are also victims. Loved ones may be harmed mentally and emotionally, but that is not enough to be considered a harm. For a crime to take place, it must be illegal; drug use and prostitution are illegal. Gambling is legal depending on the state. In some states gambling is limited to horse racing betting, lottery, fantasy sports,…

    • 309 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    ii. And result crimes (series of events) – a forbidden consequence results from the physical conduct (eg. A death). Usually you have to prove Mens Rea for all parts of the series of events (eg. Murder – intention to do the act and intention to cause death)…

    • 991 Words
    • 3 Pages
    Good Essays
  • Better Essays

    There is wide difference between the term offence and a criminal act. The word offence is a result or effect of a criminal act. Criminal act is wider than offence (section 40). A criminal act is a series of act which is committed by an offender that results in punishment under the code of the law (as the law maybe). The word act is not confined to the meaning that you do something directly. Even not acting may amount to an act. In case of a sati where people are watching the entire event and are merely standing there as a spectator this proves their tacit support to the event and also qualifies as an encouragement to the person who…

    • 1563 Words
    • 7 Pages
    Better Essays