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Should Jason Be Held Liable For The Death Of Pinky

1587 Words7 Pages

In order for a person to be found guilty of a crime, two elements must be present which are the actus reus (guilty act) and the mens rea (guilty mind). The first part of this essay seeks to consider the liability for homicide offences and also assess whether Jason, Welch, Ellis and Stevens have any potential defences based on the crimes they committed. P360

Will Jason be held liable for the death of pinky?
Pinky suffered harm from Jason’s act, in a situation like this, we would need to look at s. 18, s. 20 and s. 47 of the offences against the person act 1861. Jason’s state of mind was not fully stated, however it is likely that he had the mens rea for s. 20 which is causing grievous bodily harm or wounding as he appeared to have been punching …show more content…

Under common law, murder is committed where a person causes the death of a human being. For murder, the actus reus is unlawful killing which is what occurred in this case. On the other hand, to hold someone liable for murder, it is necessary to prove that he had the mens rea for murder which is malice aforethought. It has to be proved that he had the intention to kill or cause grievous bodily harm (direct and indirect intention). However, Ellis’s act led to the death of Daniels who had a literal thin skull. This means that a normal person in the same situation would have survived. Ellis has to take his victim as he finds him. This makes him liable for the death of Daniels. Nevertheless, Ellis was suffering from the effects of the hallucinogenic drug laced into his drink by his girlfriend. Ellis was involuntarily intoxicated and he was acting under the influence of the drug. He was said to have no idea that he was hitting Daniels but was striking at ‘demon clowns’ flying around his head and tormenting him. This means that Daniels committed the actus reus of murder without the mens rea. Since he lacked the mens rea, he would have the defence of intoxication (R V Kingston). Also, the fact that murder is a specific intent crime, his intoxication would serve as a

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