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Wednesday, 24 July 2013

Essential elements scenario

scenario: stephen, a 17 year old member of the gunho gang has been arrested and charged with the killing of vincent, a member of a rival gang, over stacey the former girl friend of stephen who recently started to date vincent. steven grabbed and punched vincent in the stomach. vincent fell to the floor gasping for breth. stephen panicked and ran leaving vincent on the floor. meanwhile, jim watched the incident from his bedroom window and after stephen had left the scene he went downstairs to see whether there was anything valuable that he could steal feom vincent. finding nothing he left vincent lying on the kerb. vincent was eventually taken to hospital and given a new drug to help his breathing. unfortunately he had a severe allergic reaction and died of a heart faliure. neither stephen nor the medical staff were aware that vincent was actely asthamatic. task 1 advice stephen, jim and the hospital of their liability. task 2 using the scenario you must explain in detail how the actions and ommisions of the defendants can consitute the actus reus of a crime. use examples from cases to illstrate your answer. task 3 using scenario attached explain in detail the principles of novurs actus interveniens and the egg shell rule citing legal authority to support your explanations. task 4 using the scenario attached explain in detail the state of mind required by the defendents to constitute the mens rea of the offence, citinglegal authority to support your arguments. please only use the english law system.

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