... the head, knocking Derek unconscious. Thinking that he has killed Derek, Basil takes two large plastic refuse sacks and secures these around Derek's body. Derek dies of asphyxiation. Firstly, if Basil is under the age of 10, he may not be ...

... which can be one of two things; intention to kill or intention to cause serious bodily harm (SBH). The test of what the defendant foresaw and intended is always a subjective one and is based on what the jury believes he ...

... jury. The trial judge told the jury that a 'substantial risk' as to the consequences was only required to infer intention, but the House of Lords declared that the consequences have to be (a) virtually certain and (b) known to ...

... lead to an injustice as some people who are mentally sub-normal (but not insane) may not be aware that what they are doing will involve further risks, and because of this it would seem harsh to compare them to a ...

... one of basic intent or one of specific intent, and whether his intoxication was voluntary or involuntary. Intoxication has gradually developed as a defence as the law has become more interested in the mental element of crime. The defence of intoxication ...

... is given emergency treatment. After a few days David is still in a critical condition and then develops a secondary infection -for which he is given an antibiotic drug. Unfortunately David is highly allergic to the drug and dies the following ...

... issues. Firstly, the piercing of the ear itself and for the passing of infection (blood poisoning). As regards to the piercing clearly this would involve a breaking of the skin JJC v Eisenhover and therefore can be classified as a ...

... the crime. In R v. Nedrick (1986) the jury had to decide whether the result of the defendant's actions was a virtual certainty. R v. Cunningham (1957) shows an example of subjective recklessness whereby the defendant was aware of the ...

... Court requires precedent to make his judgement, he or she will use previous decisions from the ECJ, the House of Lords, the Court of Appeal, or another High Court. He or she will not use previous decisions from Magistrates Court, ...

... calculated to interfere with the health or comfort of the victim" (Miller (1954)); which I believe Adrian goes beyond. Adrian may be criminally liable according to section 20 of the Offence Against the Person Act 1861, which is triable either-way ...

... She moves to one side and the glass strikes Ellen, who is in the next seat, causing her severe lacerations to the ear. Andy may be liable for causing grievous bodily harm with intent contrary to s.18 OAPA 1861, maliciously inflicting ...

... an individual solicitor may specialise in some particular aspect of law, and some firms specialise as a whole. In particular, there are a number of large firms (mainly in London) who deal only with corporate clients, providing advice, assistance and ...

... the "thin skull rule". In another case a Jehovah Witness refused a blood transfusion after being stabbed, she later died, the person who stabbed her was still convicted with manslaughter because his actions led to her death and she would ...

... reasonable person would inevitably recognise that it carried some risk of harm, that the act was a substantial cause of death, and the accused intended to commit the act as distinct from intending its consequence. The prosecution must prove that ...

... pulls Steve to the floor saying, "I have warned you about this", causing Steve to be severely bruised. Consider the possible criminal liability arising in the above circumstances. The defendants may be liable for causing grievous bodily harm with intent contrary ...

... death. As Topov's death occurred as a result of Hartley pushing over Topov, but for Hartley's actions, Topov would not have been admitted to hospital where his death occurred under treatment. Legal causation-Hartley's act 'need not be the sole cause ...

... 1861 for Actual Bodily Harm and Battery. Dick has demonstrated an unlawful display of force against Jasmin which caused her to apprehend immediate and unlawful violence (the requirement for actual bodily harm) with the consequence of a broken nose. In ...

... in swerving to avoid Tom, ran into a queue of people at a bus stop and killed Walter. When stopped and questioned, Tom was though to be drunk but he maintained that he had no recollection of anything that had occurred ...

... is similar, however the second element of it refers to pecuniary advantages rather than services, which include borrowing by way of overdraft, taking out an insurance policy, and receiving the opportunity of remuneration in employment. Obtaining a pecuniary advantage by ...

... to the general principle [that mistake as to the element of actus reus negatives mens rea] and to hold that although the accused thinks he is dealing with a corpse, still his act is murder if his mistaken belief that ...

... (1993) and Winzar v Chief constable of Kent (1983) are 2 examples of this. The actus reus must be voluntary, it must have been carried out by some one who has control over his actions. However if they do not ...

... It fails to cover recklessness so, for example, a terrorist who gives a warning that he has planted a bomb but people are still killed as a result of it being detonated, cannot be convicted of murder because he doesn't ...

... many problems, with the courts attempting to define this type of intention many times throughout key cases. First, in Moloney 1985 (where the defendant shot and killed his stepfather in a drunken challenge to see who was quicker on the ...

... states of mind which separately or together can constitute the necessary Mens Rea of a criminal offence. When discussing Mens Rea, we often refer to the difference between subjective (Cunningham) and objective (Caldwell) tests. Put simply, a subjective test involves ...

... the ability to judge between right and wrong or that he did something whilst being drunk which he would not ever do had he been sober. There are two categories of intoxication, the first of which is voluntary intoxication, this is ...