Criminal Law Undergraduate Essay Example | Topics and Well Written Essays - 1500 words

Criminal right Undergraduate - Essay ExampleSami wins the race. As Sami is on the winners podium to receive his medal, Leila, in protest that her home was compulsorily purchased to make way for the Velodrome, where the cycling has taken place, throws paint over the causa of the official presenting the medals.In order to determine the guilty liability of Sami and Leila it will be necessary to aim any possible offence that cleverness have been committed under the Criminal Damage function 1971. For completeness, consideration should also be given to any form of assault charge that either might face following their actions. Consideration will need to be given to the requisite actus reus and mens rea of any possible offences, as well as any possible defences each party might raise to background their actions. In order to determine possible charges it will be necessary to examine the wording of the 1971 Act, to study the required elements of the offence.(1)A person who without lawf ul excuse destroys or damages any property belonging to some other intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.When considering the criminal liability of Sami it is also necessary to consider the seriousness of his actions, as the loosening of the screw on the steering wheel was likely to cause Karl to have an accident, which could have been fatal. The 1971 Act deals specifically with such a possibility. Under s1(2) it states tally to the 1971 Act, a person can be said to have the necessary mens rea for the offence if they either intend to damage the property of a nonher, or were reckless as to whether their actions might cause such damage. It is therefore not necessary to prove that they had direct intention, but merely that they ought to have perceived that their actions might cause damage. maven of the elements the court will consider when determining whether the a ctions of