Criminal Law Case Study Example | Topics and Well Written Essays - 1750 words - 1

Criminal Law - Case Study ExampleIn order to be adequate to advise Peeta, it is necessary to discuss the possible charges that might be brought against him and then examine any possible defenses. The starting point is to consider the necessary mens room rea and actus reus of the offense of murder to determine whether there is sufficient evidence to charge Peeta with murder. From this, it will be necessary to consider the available defenses such as provocation, small responsibility, and automatism. It should then be possible to advise Peeta on the likelihood of the murder charge being reduced to manslaughter. When establishing a charge for murder the prosecution has to attest that the defendant intended to kill the victim or to causal agency them serious bodily harm. The courts have accepted that the defendant has the necessary intention Where a mortal of sound mind and discretion, unlawfully kills any reasonable creature in being under the Queens Peace with intent to kill or cau se grievous bodily harm. (Archbold 19-1, 2008). R v Moloney 1985 and R v Woollin 1998 have removed the need to prove the malice aforethought element of the offense. There is no longer a need to prove premeditation and charges for murder have been accepted where the prosecution can prove that the defendant intended to cause serious harm to the victim. In determining the guilt of the accused, juries are generally instructed to consider the foresight of the accused on the basis of what the accused ought to have foreseen not what they literal foresaw as a result of their actions.