Exam (elaborations)
Exam (elaborations) Unit 2 - Understanding Law Making
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Owen Jordan2A
Scenario 1
Dear Andy,
From punching Tariq, you are likely to be facing a charge of common assault under the
Causing Actual Bodily Harm unders47 of the Offences Against the Person Act 1861. This is a
indictable only offence and will be tried in the magistrates court.
The actus reus is the physical part of the crime. For this offence the requirement for actus
reus is all the elements other than the state of mind. This is clear in your conduct as you
punched Tariq.
Causation must be shown in order for the offence to be established. This is done using the
‘but for’ test from R v White 1910. It is clear that you conduct caused the harm as ‘but for
you punching Tariq, would Tariq have a black eye”.
The mens rea is the mental or thinking part of the crime. The mens rea of this offence is the
mental act excluding all the other elements. This is clear in your case as you punched Tariq
out of clear frustration.
As you do meet these elements of the offence, it is likely that you will/will not be found
guilty.
The maximum sentence for s.47 ABH is 5 years
Given that you punched Tariq out of anger and you are clearly at fault it is likely that you
would be sentenced to either up to 6 months in prison or most likely a fine.
Dear Tariq,
From your actions of placing a spider in his drink as a joke I believe you are not likely to be
charged with anything.
The actus reus is the psychical part of the crime. For this offence I believe you meet the
requirements as you did put the spider in his drink.
Causation must be shown in order for the offence to be established. This is done using the
‘but for’ test from R v White 1910. It is clear that you conduct caused the harm as ‘but for”
you not putting the spider in Bilal’s drink you would of not set off a chain reaction.
The mens rea is the mental and thinking part of the crime. I believe although you did have
the initial thought of putting the spider into the drink, it was not malicious and only done as
a simple joke.
As you do not meet both these elements it is likely that you will not be found guilty.
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