Criminal Law - Seminar 2 by Claire Turner https://padlet.com/claire43/x1d2ke1dxzuo en-us 2016-10-11 13:37:36 UTC 2025-09-30 15:07:15 UTC hello@padlet.com 1. What does the prosecution have to show to prove that the defendant (D) committed the offence? claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514107 2022-10-04 11:50:00 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514107 2. Look at the following statutory sections: claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514183 2022-10-04 11:50:04 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514183 Section 1 of the Theft Act 1968 • • claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514268 2022-10-04 11:50:09 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514268 Section 20 of the Offences Against the Person Act 1861 claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514350 2022-10-04 11:50:12 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514350 Section 18 of the Offences Against the Person Act 1861 claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514421 2022-10-04 11:50:16 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514421 For each section separate out the elements of the offence and put them into the category of ‘mens rea’ (mental elements) or ‘actus reus’ (external elements). claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514550 2022-10-04 11:50:22 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514550 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). What do you think the prosecution would have to show to prove a defendant (D) committed murder? claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514673 2022-10-04 11:50:27 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514673 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. Do you think that Derek killed Vikram? He has been charged with murder – do you think he could be convicted? claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514763 2022-10-04 11:50:32 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514763 Use the IRAC approach for structure; Consider likely offence/s, based upon your reading so far claire43 https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514892  I - What problems/issues can you identify, for example how might the scenario be distinguished from the relevant authorities?
R - Which legal principles/cases are relevant?
A - Apply to facts to determine whether and on what basis liability may be imposed?
C - Offer a logical conclusion, in line with your analysis and application of case law to the facts.]]> 2022-10-04 11:50:38 UTC https://padlet.com/claire43/x1d2ke1dxzuo/wish/2325514892