Unit 24 - P1 - Describe the Elements of a Crime Essay

1127 Words Nov 8th, 2013 5 Pages
Describe the Elements of a Crime.
BTEC National Diploma; Level 3, Business Studies
Unit 24 – P1
By unknown

In this assignment I am going to explain the main elements of law, including detailed examples that are true and relevant to the case to illustrate the meaning of this.

Actus Reus – The term Actus Reus is Latin and loosely translated it means the wicked act.
Adams, R v [1957] Devlin J A doctor was charged with "easing the passing" of a number of elderly patients (some of whom had left bequests to him in their wills) by giving drugs calculated to hasten their deaths. The Actus Reus in this case is the giving of the drugs.

Act – An Act is the physical actions
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Mens Rea – the term Mens Rea is Latin and loosely translated means the guilty mind. Its means the intentional part to the crime as some crimes can be accidental or outcomes not foreseen.
Forbes (Giles), R v (2000) CA D imported two pornographic videos. Although he believed the videos were banned in the UK, he did not know that they contained indecent photographs of children under the age of 16. The Mens Rea is that he knew it was illegal and a criminal offence to import them but he still did it anyway.

Intention – this is a type of Mens Rea. In court lawyers will try to give evidence that the defendant did or did not intend on the outcomes of the crime.
Attorney-General of Northern Ireland v Gallagher [1961] HL D stabbed his wife to death. To give himself "Dutch courage" drank a substantial amount of whiskey. The intention is proved as he drank a lot of alcohol so he could make sure he did it.

Subjective Recklessness – this is where you may not have set out to cause the result you gained but through common sense should have known what the outcome of your actions could do and stop before you did it, but you didn’t.
R v Cunningham [1957] D ripped a gas meter from the wall in order to steal the money in the metre. This caused gas to escape. The gas seeped through small cracks in the

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