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Criminal Law Undergraduate - Essay Example

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Karl and Sami are competing for Great Britain in the final of a track cycling event at the Olympics in Stratford. Sami is aware that Karl is the favourite to win the event. Before the final, Sami loosens a screw on Karl’s bike, hoping that this will cause the wheel of the…
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Download file to see previous pages Sami wins the race. As Sami is on the winner’s 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 suit of the official presenting the medals.
In order to determine the criminal liability of Sami and Leila it will be necessary to consider any possible offence that might have been committed under the Criminal Damage Act 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 minimise their actions. In order to determine possible charges it will be necessary to examine the wording of the 1971 Act, to analyse the required elements of the offence.
(1)A person who without lawful excuse destroys or damages any property belonging to another 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 bicycle 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
According to the 1971 Act, a person can be said to have the necessary mens rea for the offence if they either intended to damage the property of another, 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.
One of the elements the court will consider when determining whether the actions of ...Download file to see next pagesRead More
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