Criminal assingnment Essay Example | Topics and Well Written Essays - 2000 words

Criminal assingnment - Essay ExampleUnder this law, the jury is given wider line of latitude in determining the mens rea by giving it the ability to evaluate each given circumstances. In familiarity with the case at bar, let us therefore apply the principles of mens rea and the underlying laws that punishes criminal offenses.The actus reus can be established here as negligent act of Alan in loading the gun and accidentally hammock it at his get dget. To recall, the actus reus maybe be the acts R. v. Majoram 20001, omission (R v. Dytham 19792 R v. Pittwood (1902)3 or negligence (see R v play off and Dobinson (1977)4 of the parties involved. The mens rea of the case is loading of the gun which caused the accidental shooting. According to the case of Metropolitan Police Commissioner v. Caldwell 19815, where the actor know the danger of the act but still persist to perform such act the requirements of mens rea are satisfied. However, the occurrence Alan confessed later that he was hearing voices he never really had any criminal intentions of killing his father mitigates the degree of the act.Alan as a soldier knows about guns. In fact, as a soldier, he had titular trainings when it comes to guns. In the case of R v Cunningham (1957)6, the court decided that where the accused can reasonably figure the consequences of his or her actions but did not really care whether the consequences of his or her action will actually sink or not, that person is considered guilty of recklessness. Since Alan did not have any intentions of really injuring or killing his own father, the offense will now fall within the ambit of classs 47 and 20 of the Offences Against the Persons Act. Under section 20 of the Act, a person who unlawfully and maliciously wound or inflict any operose bodily harm upon any other person, either with or without any weapons or instrument shall be guilty of battery. The use of the gun as a weapon