the acus reus of murder is unlawfull killing of a reasonable man in being under the queens peace. to establish the acus reus the procecution must prove that they is an act or disrespect, a chain of causation betweens Ds act or omission and Vs death; death must be pf a human.
the mens rea of murder is malice aforethought. in other words the intention to kill known as express malice or the intention o cause grevious bodily harm known as implied malice. this could be refered to the cases of R v Wollin and R v Cunningham. the elements tell above, are all needed in order for D to be procecuted for murder.
in the scenario above, the actus reus was that dave had unlawfully killed the victim, edward. dave had stabbed edward in the leg which had caused him to chop-chop bleed to death. the death of edward was vertually certain to result from the accuse acts and the accused could forsee this. this was stated in the case of R v Wollin.
the mens rea in the scenario above was the intention to cause GBH.
dave had the intention to cause some harm to edward as he had seized a knife, in his kitchen, and ran afterwards edward.
however, D may be successful in the refutal of Diminshed responsibility. diminshed responsibility was introduced by s2 of the homicide act 1957. this defence is defined as when a person suffers from an abnormality of mind, whether arising from a condition of arrested or retarded development, or induced by disease or injury, and this abnormality substantially impairs his/her mental responsiblility for his acts and omissions. they are three elements which subscribe to to be proven in order for the defence to be successful. element 1, D must be sufferinf...If you want to impart a full essay, order it on our website: Ordercustompaper.com
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