This website uses cookies to ensure you have the best experience. Learn more

Intention In Criminal Cases Essay

1813 words - 7 pages

The key issue in this case is Intention. The big question, which I will try to answer, is whether or not Chris and Dorris intended to kill Andrew. Intention can often be linked to the Mens Rea, which can also be described as the guilty mind. Most crimes have to have included a Mens Rea and an Actus Reus. Without the Mens Rea there is no crime unless a reasonable man could foresee the outcome. Therefore Chris could be held liable for the death of Andrew even though he did not intend to kill him, his only intentions were to save Bill. The reason for this is that Doris a doctor gave her professional opinion to him, which gave him the foresight of the death and made him liable. However Chris would have a number of defences the first would be that he had a duty to fulfil, as a fireman he has the duty of saving lives. If he simply omitted to carry out his duty then he would be in breach of his contracted service to the public. So he had to act in the correct way as to how he felt was best. It could also be argued that he acted out of necessity and chose the lesser of two evils. The first option he had was to leave the both of them and let them die, the second was to let one die and save the other. The first option was the worst action to carry out and the second was the better of actions. So his actions were just. Necessity works as a complete defence however there is some confusion as to when necessity is involved as the courts are not clear as to whether it works or not. They have developed Duress of Circumstance, which works for all crimes apart from treason, murder, or attempted murder. In a similar case Re A 2001 Fam. 147 where doctors won the right to separate two conjoined twins to save the life of the other, after the parents appealed the Judge said while the wishes of the parents were entitled to great respect, the court was obliged to determine the issue on the basis that the welfare of the children was paramount. However in the case of Dudley and Stephens the court would not allow it. But in Buckoke v GLC 1971 chancery 655 where a fire engine jumped a red light whilst racing to a blaze. Lord Denning said that there was no defence for the driver. However he should not be prosecuted but congratulated. So clearly there is some confusion as to whether it works or not but I feel that this would be a strong defence.Doris could also be held liable for aiding and abetting the murder but I feel that she could use all of the above information in her favour as well and the defences would work just the same for her as well.Steane (1947) KB 997, The appellant, a British subject who before the war had been employed as a film actor in Germany, was convicted on a count of entering the service of the German broadcasting system in January, 1940. Before he consented to broadcast he had been much ill treated by the Germans and had received a threat that if he refused to broadcast his wife and children would be put in a concentration camp. Held, the prosecution...

Find Another Essay On Intention in Criminal Cases

Direct Intention vs Oblique Intention Essay

1933 words - 8 pages realise that it might occur’ (Elliot & Quinn, 2010: 60). I will illustrate, by using relevant case law, the difference between direct intention and oblique intention. Oblique intention requires foresight of the consequences, finding oblique intent is difficult; as a result, there have been a number of cases, which have helped in clarifying the law of intention. In the case of R v Maloney (1985), the defendant and the Victim (stepfather of the

Involuntary Manslaughter Essay

1133 words - 5 pages itself, and can be intention or recklessness. The defendant must have the mens rea for the unlawful act but it is not necessary for the defendant to realise that the act is unlawful or dangerous. Although most cases involve some form of assault that requires intention or subjective recklessness, in DPP v NEWBURY (1976), the initial offence (which was not identified in the case) was surely of criminal damage, for which

Tripartite and Bipartite

601 words - 3 pages typical features of this system is its specific theory of mistake, which reduces the theory to factors negating the required mens rea. An example here is that a mistake about an essential feature of the offence will countermand intention. The bipartite system may also be addressed in the framework of the so-called quadripartite system which was for the most part included in the criminal liability literature of the Communist states. This system

Liability for murder committed during resisting arrest, NSW

2199 words - 9 pages allegations.It is fundamental to criminal responsibility that there be a guilty intention as well as a guilty act. Toni’s problem is that her intentions are not exactly clear. In the absence of clear intentions, the wording of the Crimes Act has the effect of imputing an intention to a person. The Minister’s second reading speech concerning gang related crime indicates that a criminal intent can be inferred from an even broader set of


1346 words - 5 pages intention or be negligent and he had hands to carry out his intentions. A corporation has none of these."In order to get around this problem the law has developed various techniques for attributing liability to corporateentities. The first technique is the application of vicarious liability, which provides that a company will be strictly liable for criminal acts carried out by its employees in the course of their employment. However, as a general rule

Illegal Immigration

950 words - 4 pages Illegal immigration is a major problem in the United States, as it causes economic problems and negatively affects homeland security. Illegal immigration causes population increase, which in turn, results in a decrease in job opportunities, increased pressure on the few available resources, and more cases of criminal activity in the country. The Department of Homeland Security (DHS) needs to push for stringent policies and measures to enhance

A Career as a Criminal Investigator

877 words - 4 pages criminal intent. Also after a crime has been committed, Investigators will follow up on leads and may testify in court (“Criminal Investigator Job Description). Some people that become criminal investigators were or also are police officers. Criminal Investigators work with many people such as, police officers, detectives, medical examiners, and photographers to solve criminal cases. The job of Criminal Investigator has varying working conditions

Criminal Justice System

1518 words - 6 pages also is important issue for the criminal justice. One of the cross-system goals includes ‘aiding, and advising the victims of crime’ (Davies et al, 1998, pp6). The objective to prevent crime and particularly the fear of crime can be linked straightforward to the police arresting and detaining suspects function. In case of arresting the suspect police are acting entirely within the law (Sanders and Young, 2007, pp147). In this cases the victim

Actus Reus

1745 words - 7 pages objective of a criminal offense). This is an essential element in the determination of a crime. Thus, when no reasonable doubt exists as a result of the demonstration of proof, the act of guilt, shown together with the intention of the individual to commit a crime (mens rea), creates criminal liability of the accused in criminal jurisdictions that follow the system of common law (Canada, Australia, New Zealand, USA, UK, Ireland). Discussion and

Criminal Liability

918 words - 4 pages Criminal Liability “In a just society criminal liability should never be imposed without some degree of blameworthiness” Offences of strict liability are those, which do not require any mens rea with regards to at least one or more of the actus rea. The mens rea usually requires intention and or recklessness. However some

African American Criminal Justice Graduates in the Real World

891 words - 4 pages Introduction/ Purpose of the Study Does obtaining a degree in a particular field grantee you a successful career within that field? As for African Americans, will most criminal justice graduates have a career in their field of study post graduation? How long will it take to achieve a career in the criminal justice field? The theme of this research is to examine the advantages of obtaining a criminal justice degree and how effective it is within

Similar Essays

The Role And Powers Of Lay Magistrates In Criminal Cases

1173 words - 5 pages The Role and Powers of Lay Magistrates in Criminal Cases 1a) Describe the role and powers of lay magistrates in criminal cases. b) Consider whether lay magistrates are adequately trained for their work. 1a) Describe the role and powers of lay magistrates in criminal cases. For centuries the criminal justice system has allowed lay people; people who are not legally qualified to administer justice to the

Criminal Law Essay

1982 words - 8 pages intended to kill according to the ordinary principles of criminal law laid down in the cases of Woolin and Nedrick. Accordingly, the issue of intention is increasingly confusing to the jury and there is a need for the Court to decide whether the doctrine of dual effect is to be applicable in order to direct the jury for inferring intention.By all the previous cases and information mentioned above, a conclusion is drawn that the practice of

Irish Cases That Discuss The Meaning Of Intention

2319 words - 9 pages Irish Cases that Discuss the Meaning of Intention There are only two reported Irish cases which discuss the meaning of intention, one in the context of attempted murder,and the other in the context of capital murder. These cases rely on the relevant

Inchoate Offences Essay

5760 words - 24 pages Indian Penal Code 1960. This is because, 'if the intention and the preparation were made punishable it would be impossible to prove that the object of n accused was to commit an offense'.[8: Guar, K. D. (2008). preliminary crimes. In Criminal Law: Cases and Materials (5th ed., p. 263). New Delhi, India: LexisNexis Butterworths.]'Early common law did not punish attempts; the law of attempt was not recognised by common law until the case of Rex v