Unit 24 - P1 - Describe the Elements of a Crime

Topics: Criminal law, Tort law, Tort Pages: 4 (1126 words) Published: November 18, 2013
Describe the Elements of a Crime.
BTEC National Diploma; Level 3, Business Studies
Unit 24 – P1
By unknown

In this assignment I am going to explain the main elements of law, including detailed examples that are true and relevant to the case to illustrate the meaning of this.

Actus Reus – The term Actus Reus is Latin and loosely translated it means the wicked act. Adams, R v [1957] Devlin J A doctor was charged with "easing the passing" of a number of elderly patients (some of whom had left bequests to him in their wills) by giving drugs calculated to hasten their deaths. The Actus Reus in this case is the giving of the drugs.

Act – An Act is the physical actions the defendant took to commit the crime. Lamb, R v [1967] CA D and a friend V were playing with a revolver. In the chamber there were two bullets, but neither was opposite the hammer when D, jokingly, pointed the gun at V and pulled the trigger. The chamber rotated and V was killed. The act was the defendant pulling the trigger.

Omission – An Omission is where the Actus Reus is in the form of not doing something, another term is negligence. Dytham, R v [1979] CA D, whilst on duty and in uniform some 30 yards away from the entrance to a club, from which he saw a man ejected. Shortly afterwards there was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. He then left without calling for assistance or summoning an ambulance. The Omission was the defendant not helping the man outside the club from being beaten up and not calling for assistance.

Causation – Causation is the direct link between the act of the defendant and the outcome of the crime. Causation is the finding out of what caused the outcome of the crime. Blaue, R v [1975] CA D stabbed an 18-year-old woman V and punctured her lung. At the hospital, V was told she would need a blood transfusion to save her...
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