Essential elements of a crime
Case study 1 – Adam, Brian and James are footballers in an amateur cup final. As they wait to go onto the pitch, Brian shoves James from behind. Adam, James’ teammate, swears at Brian and shouts, ‘You won’t be walking off that pitch, pal!’ Once the match is underway, Adam and Brian both jump for the ball.
Adam’s elbow hits Brian in the eye, causing it to swell so Brian cannot see very well for a few minutes. Near the end of the match, Adam trips and falls. Brian runs over to where Adam is lying on the ground and stamps on his leg, breaking it.
a. Explain what is meant by actus reus in criminal law? (AC 1.1) (150 words).
b. Discuss the requirements of actus reus and mens rea in relation to the above case study, and discuss if any offence has been committed? (AC 1.1) (500 Words).
a. In your own words, summarise the principles relating to novus actus interveniens and the ‘eggshell skull’ rule. You must cite legal authority to support your explanations (AC 2.1) (250 words).
b. Using the case study above, analyze how the state of mind of the defendant constitutes the mens rea of an offence? (AC 3.1) (300 words).
c. Too what extent can the ‘eggshell skull’ rule be used to defend the Charlotte? (AC 2.1) (300 words).