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Unit 3 - D2
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A comprehensive evaluation that is very detailed and has achieved D*. it covers unit 3, aspects of liability D2.
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By: khanmasham424 • 6 year ago
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Unit 3- D2Alex Omidvar
Unit 3 – D2 - Evaluate the law and sentences on specific non-fatal offences.
Introduction
This assignment is going to illustrate and evaluate the elements of crime with considering actus reus and
mens rea. Many examples and scenarios were imbedded in order to establish a cohesive assignment
where each of the elements were evaluated. Moreover, current proposed reforms were demonstrated
and evaluated fully with also including my opinion on each of the proposals. This comprehensive
assignment endeavored to cover the most essential law and sentences on specific non-fatal offences. In
addition to this, some quotations were included throughout this assignment which contributes to
bolster my perspective as well as establishing a cohesive piece of work with valid supports.
Actus Reus of a crime
The actus reus in criminal law encompasses of all elements of a crime without considering the state of
mind of the defendant. Actus reus in criminal law comprises of these elements: conduct, result, a state
of affairs or an omission.
Conduct
Conduct refers to the behaviour of the person therefore the conduct itself could be criminal. It does not
matter whether the action of crime had any effect on the outcome of the case or not; the actus reus of
the crime is complete upon the conduct. Some examples are including: Perjury, rape, possession of
drugs and theft.
I believe the conduct of actus reus is an important element in determining whether the offender is guilty
or not. It is important as it only focuses on the results of an offence not the factors that led to the
offence. I therefore think, it is a pragmatic way of deciding on someone’s case.
Result
The result of an act or omission of the defendant may relate to actus reus. Here it is crucial to
understand that the conduct might not be criminal, however, the result of the conduct can be. For
instance, it is not a crime to make a fire in your garden to burn some woods but if it significantly affect
somebody and perhaps if it results in any damages to property, it could amount to a crime. More
importantly, causation must be made in all result crimes. Some examples of result crimes are including:
Assault, criminal damage and battery.
I believe that the result of an act is not as significant as the conduct because an offence could have
resulted from a person’s recklessness and even the offence could have been unintentional. However, It
is crucial to consider other factors as well as the result in order to judge.
State of affairs
State of affairs focuses on the concept of being rather than doing. For example, being drunk in charge of
a car is classed as state of affairs. The case of Duck V peacock (1949) was about a defendant who was
charged with the offence of being drunk in charge of a car. When he was arrested, he was found asleep
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