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What Areas Of Law Will Form The Basis For His Criminal Liability?

2745 Words11 Pages

Throughout the scenario Bob commits several offences which will form the basis for his criminal liability. Certain situations will act as a contributing factor of whether Bob is held accountable for his actions. In other situations it will depend on the circumstances and what Bob’s intentions were when committing the offence. Throughout the essay there are areas of law which are open to debate and scrutiny which will be critically discussed. Ultimately the conclusion formed will impact Bob’s liability.
Murder is a common law offence developed through case law. It was defined by Sir Edward Coke as
Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in …show more content…

There must also be a difference in Bob’s actions and what he is thinks he is doing. However Bob is well aware of his physical actions of hitting Carol and the nature of his act and so Bob cannot be granted this defence.
It cannot be overlooked that Bob suffers from behavioural disorder and depression and therefore he could qualify for diminished responsibility. This defence does not absolve Bob from all liability but it can help reduce the sentencing. Diminished responsibility may be applicable to Bob however there are specific factors for consideration before he is granted this defence.
Under section 52(1)(a)(b)(c), Bob may given this defence if he killed Carol because he was suffering from an abnormality of mental functioning which arose from a recognised medical condition and it substantially impaired Bob’s ability to do one or more of the things. There must also be an explanation for Bob’s acts or omission to do one of more things if it is the significant factor in causing Carol’s death. He must also have a ‘substantially impaired’ ability to understand the nature of his conduct, form a rational judgement, or exercise …show more content…

For constructive manslaughter there must be an unlawful and dangerous act. An unlawful act requires that there is a complete criminal offence which includes the actus reus and the mens rea. For the scenario there could be criminal damage of Carol’s mirror and battery. The actus reus for criminal damage is damage to Carol’s mirror without her authority. The mens rea is satisfied because he intended to damage the mirror as he hit Carol several times. The actus reus for battery is the infliction of unlawful personal violence without consent which could be direct or indirect on another person. This is established as Bob hit’s Carol with a mirror. The mens rea is the intention or subjective recklessness. There is an intention from Bob to apply force and so the actus reus and mens rea for battery are

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