Criminal assingnment Essay Example | Topics and Well Written Essays - 2000 words

Criminal assingnment - Essay Example Under this law, the jury is given wider latitude in determining the mens rea by giving it the ability to evaluate each given circumstances. In connection with the case at bar, let us therefore apply the principles of mens rea and the underlying laws that punishes criminal offenses. The actus reus can be established here as negligent act of Alan in loading the gun and accidentally firing it at his father. To recall, the actus reus maybe be the acts R. v. Majoram [2000]1, omission (R v. Dytham [1979]2; R v. Pittwood (1902)3 or negligence (see R v Stone and Dobinson (1977)4 of the parties involved. The mens rea of the case is loading of the gun which caused the accidental shooting. According to the case of Metropolitan Police Commissioner v. Caldwell [1981]5, where the actor recognized the danger of the act but still persist to perform such act; the requirements of mens rea are satisfied. However, the fact Alan confessed later that he was hearing voices; he never really had any criminal intentions of killing his father mitigates the degree of the act. Alan as a soldier knows about guns. In fact, as a soldier, he had formal trainings when it comes to guns. In the case of R v Cunningham (1957)6, the court decided that where the accused can reasonably foresee the consequences of his or her actions but did not really care whether the consequences of his or her action will actually happen or not, that person is considered guilty of recklessness. Since Alan did not have any intentions of really injuring or killing his own father, the offense will now fall within the ambit of sections 47 and 20 of the Offences Against the Persons Act. Under section 20 of the Act, a person who â€Å"unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapons or instrument†¦Ã¢â‚¬  shall be guilty of battery. The use of the gun as a weapon