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Voluntary Elements Of Crime Essay

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Elements of crime: rough draft: (needs to be tweaked): Actus Reus- Guilty mind * Voluntary physical element of crime thus meaning the defendent has control of their body as well as conscious choice Examples of voluntary acts- Murder Rape Robbery Harry Gurrung kills couple due to sneezing fit whilst driving: Sgt Harry Gurrung was cleared of ‘killing’ a couple in a car crash as he suffered a sneezing fit in the process. This was important in determining him ‘not guilty’ as closing your eyes whilst sneezing is seen as a natural reaction thus refuting accusations of ‘reckless driving’; because closing you eyes whilst sneezing is more of an instinct that a conscious …show more content…

1) FACTUAL CAUSATION The result would have not happened if it wasn’t for the actions of the defendent R v Paggett: My Paggett’s girlfriend was shot by a policeman but this was because Mr Paggett used his girlfriend as a human shield whilst he was shooting at the Policeman. Mr Pagget was convicted of manslaughter as his girlfriend would not have died if he didn’t use her as a human shield. Chain of Causation The result and the defendent’s actions should be directly linked Chain of causation is broken by Novus Actus Interveneins (Intervening Events). 1) Actions of a third party 2) Actions of the victim 3) A natural but unpredictable event 1) ACTIONS OF A THIRD PARTY R v Jordan: The defendant stabbed the victim. He was taken to hospital where he was given an antibiotic he was allergic to and more than 1 drip. He died of pneumonia but at the time of death his wounds were starting to heal. R v Smith: A solider was stabbed in the lungs and was taken to the hospital. On the way, he was dropped two times. He was given an artificial respiration which caused him death. The medical treatment was so bad it was 75% less likely for him to survive. However the original attacker was guilty of

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