LAW

Law

Law

Introduction

This paper analyses a criminal case regarding a homicide offence. The primary focus of this paper is to answer the given questions after thoroughly examining the case, in order to get the conclusion from the law, if the criminal is guilty or not.

Discussion

Question 1

Part (a)

Identify and define any criminal offence/s of homicide committed by Tanya

Tanya was from an organization that was working against the capitalism. He threatened the government to broadcast a video, which was based on anti capitalism, else he would release a toxic gas in the train station network. The government did not listen to him, and as a result a lady, named Ella fainted due to inhaling the gas. Upon asking, Tanya stated that he had no intentions of hurting anyone, and he chose the time when the train station is empty, so no one would get hurt.

Later it was revealed that Ella was given a wrong transfusion of blood group, and the Dr. Gow gave him an antibiotic that reacted in her body because she had an allergy from that medicine. As a result, she couldn't survive even a single night and died.

According to the given scenario, there is a possibility of the committed offence of 'Mens Rea' and 'Actus Reus'.

Mens Rea; this terms refers to a specific state of mind when the criminal carried out the act of crime. Basically it refers to the guilty state of mind, however, there are three kinds of state of mind that jointly or individually may comprises the criminal offence. These mental state kinds are intentions, being reckless and negligence. Usually the criminal offence makes it obvious that which mental state fits in the criminal act. However, in some unusual cases, court decides the appropriate mental state to give the judgment accordingly.

Part (b)

One of the offences that may have been committed by Tanya is 'Actus Reus'. This consists of all factors that are present in any crime except the mind state of the criminal. To be specific, it comprises of outcome, conduct or an omission. Conduct refers to the act of crime, such as rape, theft, having drugs. Thus, Tanya's act of releasing gas was an offense that maybe classified the category of conduct under the “actus reus' (e-lawresources.co.uk). Further, the 'result' category means when the outcome of the act is considered a crime. A scenario where the conduct may not be considered as a crime, but the result out of that conduct may lead to a crime in the law. For instance, assaulting, criminal damage, murder and so forth.

Question 2

In law of Mens Rea, there are two types of intentions, first one is where the offender is aware of its consequences but he does not care is willing to sacrifice anything to get his motive. This is termed as direct intent. Another type is where the intention is not to harm anyone, but the offender wouldn't mind if by chance anyone gets harm. This is termed as oblique ...