Criminal Law LLB Essay Example | Topics and Well Written Essays - 750 words

Criminal Law LLB - Essay ExampleThe objective element of Bobs actions was to use his firearm to either murder or cause GBH upon Aran to an extent where he could no longer tease him. Although, the general impacts of his actions may be scanty considering that Aran escaped unhurt, Bobs actions can be construed as physically well-intended to silence the victim hence the existence of the actus reus. The actus reus in the murder of Lenny can be proved on the grounds that a) Bobs actions of firing a live round in a crowded place was negligent of the potential harm that could be caused to other people at the facility, and did kill Lenny b) Bobs actions of taking aim at his brother was unlawful and involved the risk of harm, that came true in Lennys death (Allen, 2013).In this case, Bobs mens rea concerns his state of mind when he was committing the offense. Bobs actions show his carefully-planned intention (to harm Aran and end the teasing), recklessness (by using a deadly weapon to achieve the ends in a social setting) and negligence (acting unreasonably against Arans teases). Section Eight of the Criminal Justice Act 1967 requires the jury to act upon mens rea by examining whether a criminal did intend to or predicted the outcome of their criminal conduct based on the evidence showing the situation.According to Allen (2013), Section 8 was applied in the case of R v Hyam1975 AC 55 where the House of Lords declared the subjective test as admissible. The court established that a criminal suspects intent would be met by establishing foresight of the impacts of the actions. In light of this, Bobs mens rea lies in his intent to harm Aran with nastiness afterthought of silencing his teases. In Lennys case, Bobs knowing abuse of a firearm whose lethality is very high, constituted mens rea in the attempted murder of Aran, which overlook on Lenny.Bob