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4a) Apply the actus reus and mens rea requirements of murder to this scenario and be prepared to defend your conclusion in the seminar.

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4a) Apply the actus reus and mens rea requirements of murder to this scenario and be prepared to defend your conclusion in the seminar.

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4.	Derek and Vikram are neighbours. One evening they have an argument as Derek has refused to give Vikram back his lawn mower, which he had borrowed from Vikram the previous week. Sick of Vikram’s constant complaining, Derek hit Vikram over the head with a garden gnome. Believing that he has killed him, Derek then buries Vikram’s body in his garden and goes on with his day. Vikram dies from suffocation as a result of being buried alive. Derek has been charged with murder. 

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4.	Derek and Vikram are neighbours. One evening they have an argument as Derek has refused to give Vikram back his lawn mower, which he had borrowed from Vikram the previous week. Sick of Vikram’s constant complaining, Derek hit Vikram over the head with a garden gnome. Believing that he has killed him, Derek then buries Vikram’s body in his garden and goes on with his day. Vikram dies from suffocation as a result of being buried alive. Derek has been charged with murder. 

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3 c) How would you go about finding the definitions of the many unusual terms here?

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3 c) How would you go about finding the definitions of the many unusual terms here?

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3b) What are the actus reus and mens rea elements? 

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3b) What are the actus reus and mens rea elements? 

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3 a) What do you think the prosecution would have to show to prove a defendant (D) committed murder? 

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3 a) What do you think the prosecution would have to show to prove a defendant (D) committed murder? 

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3.	Look at the following definition of murder:  “Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature rerum natura under the King’s peace, with malice aforethought, either expressed by the party or implied by law, [so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same].”(Sir Edward Coke Institutes of the Laws of England, 1797).  

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3.	Look at the following definition of murder:  “Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature rerum natura under the King’s peace, with malice aforethought, either expressed by the party or implied by law, [so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same].”(Sir Edward Coke Institutes of the Laws of England, 1797).  

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Use the IRAC approach for structure; Consider likely offence/s, based upon your reading so far

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Use the IRAC approach for structure; Consider likely offence/s, based upon your reading so far

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I -

R -

A -

C -

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Section 18 of the Offences Against the Person Act 1861 

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Section 18 of the Offences Against the Person Act 1861 

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actus reus - wounding or causing GBH

mens rea - intent to cause GBH or intention to resist or prevent lawful apprehension or detention of a person

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Legislation is available in different versions:

Latest Available (revised): The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the 'Changes to Legislation' area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

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Latest Available (revised): The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the 'Changes to Legislation' area.

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Section 20 of the Offences Against the Person Act 1861 

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Section 20 of the Offences Against the Person Act 1861 

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actus reus - wounding or unlawfully inflicting GBH on another person

mens rea - was the act malicious

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An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person.

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actus reus - appropriation of property belonging to another. mens rea - dishonesty and intent to permanently deprive the other of the property

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(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.

(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief's own benefit.

(3) The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by this Act, shall apply only for purposes of this section).

Modifications etc. (not altering text)

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An Act to revise the law of England and Wales as to theft and similar or associated offences, and in connection therewith to make provision as to criminal proceedings by one party to a marriage against the other, and to make certain amendments extending beyond England and Wales in the Post Office Ac…

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2.	Look at the following statutory sections:	

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2.	Look at the following statutory sections:	

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1.	What does the prosecution have to show to prove that the defendant (D) committed the offence?

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1.	What does the prosecution have to show to prove that the defendant (D) committed the offence?