Exam (elaborations)
Exam on Criminal Law
- Module
- Criminal Law (M100)
- Institution
- Liverpool John Moores University (LJMU)
An Exam on Criminal Law
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9186241.a) The Actus Reus of this offence is that there would be a guilty act of that if a
person was to smoke in a smoke-free zone. The Actus Reus would only apply if they
knew what they were doing, for example if they had seen a sign that says no
smoking or they had already been told that they weren’t allowed to do it. Most
places are smoke- free and it is the law that you have to smoke outside unless you
are in your house or someone else's but any public place is smoke-free and
everyone knows that and if they don’t there are always signs put up.
1.b) The Mens Rea of this offence is the guilty mind and this is if a person was to
consider smoking in a smoke- free zone but hasn’t fully committed to the idea of
doing the action. With the Mens Rea no one can see if the person is thinking about
unless they were to bring out the cigarettes and debated whether or not that they
should and if they were to start smoking then or make their own cigarette with
tobacco and filter tips then this would lead to the Actus Reus of the offence.
1.c) It is illegal to smoke in a car if it has been considered a smoke free area, this
would include such things as taxis, buses and trains. It is not illegal to smoke and
drive so a person could drive in their own car or someone else's if that person was to
allow them. It is illegal to smoke in a car with someone under the age of 18 and this
could lead to the smoker and potentially the driver if they aren’t smoking a fixed
penalty of £50.
1.d) The court where a person would be prosecuted for the offence of smoking in a
smoke-free area would probably be done in a magistrates court as they look at
cases that aren’t so serious as there would probably only be a fine granted to the
person who is being given the prosecution. As the higher court above it is crown
court and they would look at murder, manslaughter and rape.
2. To physically harm someone and to have their consent as well this wouldn’t be
seen as illegal since the consent was there. The only way this would be seen as
illegal if the person was to accidentally be killed as then this would be seen as a
manslaughter as it would technically been seen as an accidental death due to the
fact of their being permission for the assault but obviously not the death. With the
statement that the consent to physical harm is a matter of personal choice
, 918624
regardless of the level of harm it is a true reflection of what the law is within the
modern world. Someone could ask someone to assault them if they the other person
knows that they won’t go down for a crime but it would be the other person's
personal choice of how hard they want to be assaulted like if they want to be
assaulted enough that they end up in hospital then that would be their own personal
choice but then as well the person who is doing to hurting would also have to agree
that they will do this and that they are okay with doing it. Consent to physical harm
would be involved within sports as whatever sport is being played there is the
chance of being hurt, so within football every player knows that once they set foot
onto the pitch that their is the chance of an injury happening which would mostly
include their legs due to slide tackling and if you are a goalkeeper there is the
chance of a head injury from maybe diving for the ball and hitting your head off the
goal posts. There is rugby where a lot of injuries would occur due to high volume of
tackling that goes on, as any part of the body could be injured but the players have
given their consent to being tackled as that is their job, sometimes within rugby the
injury could be so bad that if you were to get tackled near your head that this could
cause maybe internal injuries within the brain and could cause long- lasting problems
to the person and this could include being paralysed or losing some fine and motor
skills which then that obviously means that their career is over for them. So this does
show that with the law that there is consent to physical harm even if it is due to
someone asking for someone to hurt them or that is down to any type of sporting
event. As the law currently stands it is permissible to harm a person with their
consent in pursuit of some goal if it would not be wrong for the person to harm
himself in pursuit of the same goal were he able to do so. As mentioned before the
only way the law would change with the consent of physical harm would be if the
person who was being hurt ended up dying due to the harm for example if someone
was to ask a person to punch them in the face and they were to accidentally punch
them right where their temple is and this ended up that they did die then the person
who concluded the assault then they could go down for manslaughter as it was an
accident but there is a chance that it can go down as murder as well since there
would be no way of proving that it was an intended assault unless there was the
proof of it being on a message but they will still have to go down for manslaughter.
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