Legal Studies 3080

Conclusion


In this lesson you have covered a good deal of rather technical material. You should now understand the elements of a crime and have a good basic grasp of what a criminal offence is and who can be charged with having committed one. With this understanding as background, you are now ready to see how the criminal justice system works from the commission of the crime and the arrest, through the trial procedures and sentencing, and on to the process of punishing the offender. You will get started on this in the next lesson.


Check your knowledge


Al wants to murder Petru. He drives him to the top of a cliff where he shoots him in the head. Believing Petru to be dead, he throws him over the cliff to dispose of the body. Later, an autopsy reveals that, in fact, Peru was alive when tossed off the cliff, but it was the fall that killed him.

A. Al’s defence at the murder trial was that he never had the necessary actus reus and the mes rea at the same time. Explain how this was true.

B. Would Al be convicted of murder? Explain your answer

When Al performed the actus reus – actually killing Petru – he had no intention of killing him, he was merely trying to dispose of the dead body. Al thought Petru was dead after he had shot him. Al didn’t know it was actually the fall that killed Petru until he got the autopsy results. While Al had the mens rea – the intention of killing Petru – he didn’t actually kill him, rather, he only wounded Petra at the point where he lost consciousness. Would he be convicted of murder? This is a tricky one, it seems absolutely logical and just that Al be convicted of murder, but technically it is difficult to convict him. One solution might be to convict him of lesser offences of attempted murder and assault causing bodily harm, and then giving him the maximum penalties.