Criminal Liability
Using the IDEA structure for Criminal Law application questions – example answer.
In response to questions from the Jan’ ’10 exam.
1bi) “Discuss the criminal liability of Ashok for the incident at the traffic lights.” * Identify and Define
Ashok could be criminally liable for the common law offence of assault; an assault takes place when the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful violence. * Explain Actus Reus and Mens Rea
The actus reus of this offence is any act which causes the victim (v) to apprehend an immediate infliction of unlawful violence (iiuv). No force need actually be applied, creating a fear is sufficient, as was illustrated by Logdon and Lamb. The v must fear that violence threatened is immediate, in Smith this was held to mean as part of the current activity, when the v was separated from the defendant (d) by a glass window.
The mens rea of this offence as stated in Savage is intention or recklessness as to causing v to apprehend iiuv. * Apply
Ashok has fulfilled the actus reus when he pointed his fingers at him in the shape of a gun a mouthed that Ben should be shot, and Ben ‘was very scared.’ He most definitely apprehended an iiuv. With regards to the immediacy issue, although they were both in cars at the time, Ben most likely did fear personal violence as part of what Ashok was doing at that current time.
Ashok, by pulling his car alongside Ben’s, mouthing words and making actions towards him, seems to have directly intended (Mohan) to cause Ben fear, or at the very least by performing these actions he must have forseen the risk that Ben would be scared and done it in anyway, therefore being reckless (Cunningham.)
“Discuss the criminal liability of Ashok for the bruising caused to Ben by the iron bar.” * Identify and define.
For the bruising caused to Ben by the iron bar, Ashok could be found criminally liable under the Offences Against the Persons Act 1861 s.47
In response to questions from the Jan’ ’10 exam.
1bi) “Discuss the criminal liability of Ashok for the incident at the traffic lights.” * Identify and Define
Ashok could be criminally liable for the common law offence of assault; an assault takes place when the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful violence. * Explain Actus Reus and Mens Rea
The actus reus of this offence is any act which causes the victim (v) to apprehend an immediate infliction of unlawful violence (iiuv). No force need actually be applied, creating a fear is sufficient, as was illustrated by Logdon and Lamb. The v must fear that violence threatened is immediate, in Smith this was held to mean as part of the current activity, when the v was separated from the defendant (d) by a glass window.
The mens rea of this offence as stated in Savage is intention or recklessness as to causing v to apprehend iiuv. * Apply
Ashok has fulfilled the actus reus when he pointed his fingers at him in the shape of a gun a mouthed that Ben should be shot, and Ben ‘was very scared.’ He most definitely apprehended an iiuv. With regards to the immediacy issue, although they were both in cars at the time, Ben most likely did fear personal violence as part of what Ashok was doing at that current time.
Ashok, by pulling his car alongside Ben’s, mouthing words and making actions towards him, seems to have directly intended (Mohan) to cause Ben fear, or at the very least by performing these actions he must have forseen the risk that Ben would be scared and done it in anyway, therefore being reckless (Cunningham.)
“Discuss the criminal liability of Ashok for the bruising caused to Ben by the iron bar.” * Identify and define.
For the bruising caused to Ben by the iron bar, Ashok could be found criminally liable under the Offences Against the Persons Act 1861 s.47