Criminal Law- Actus Reus and Mens Rea question

Watch
HeyitsDominic
Badges: 0
Rep:
?
#1
Report Thread starter 6 years ago
#1
So if a bomber plants a bomb in a shopping centre with the intention of the bomb to explode around midnight (when no one is around) but then explodes around midday killing a shopper. What does the law say?

I believe the person, a reasonable man, should have realised that death or serious injury would be the natural consequence of his act.
0
reply
TSR Learn Together
Badges: 9
Rep:
?
#2
Report 6 years ago
#2
Hi there,

While you're waiting for an answer, did you know we have 300,000 study resources that could answer your question in TSR's Learn together section?

We have everything from Teacher Marked Essays to Mindmaps and Quizzes to help you with your work. Take a look around.

If you're stuck on how to get started, try creating some resources. It's free to do and can help breakdown tough topics into manageable chunks. Get creating now.

Thanks!

Not sure what all of this is about? Head here to find out more.
0
reply
SammyHam
Badges: 8
Rep:
?
#3
Report 6 years ago
#3
(Original post by HeyitsDominic)
So if a bomber plants a bomb in a shopping centre with the intention of the bomb to explode around midnight (when no one is around) but then explodes around midday killing a shopper. What does the law say?

I believe the person, a reasonable man, should have realised that death or serious injury would be the natural consequence of his act.
I agree with you, a reasonable man would have thought about the potential for death or serious injury. I suppose it depends on his original intention with the bomb? I can't imagine there'd be any innocent reason for wanting to plant a bomb somewhere..!
0
reply
Not Anonymous
Badges: 9
Rep:
?
#4
Report 6 years ago
#4
(Original post by HeyitsDominic)
So if a bomber plants a bomb in a shopping centre with the intention of the bomb to explode around midnight (when no one is around) but then explodes around midday killing a shopper. What does the law say?

I believe the person, a reasonable man, should have realised that death or serious injury would be the natural consequence of his act.
Okay, I'm gonna assume you do A-Level Law..

The law would say he is still guilty of murder. You have to look at whether if it is direct or oblique intention. It's not direct as he wanted the bomb to explode at midnight, not midday.

The test oblique intention (indirect), comes from R v Woolin - to prove oblique intention, you must prove:
1) there is a virtual certainty (a chance that if the bomb explodes at a time other than he intended to)
2) D appreciates this, and does it anyway

So yep, he's still guilty of murder - hope that helps
0
reply
Clip
Badges: 19
Rep:
?
#5
Report 6 years ago
#5
It's Conspiracy to Cause Explosions under the Explosive Substances Act 1883 and carries a maximum of life imprisonment, and no need to prove MR for murder.
0
reply
Not Anonymous
Badges: 9
Rep:
?
#6
Report 6 years ago
#6
Isn't it? :s I thought it would have been.. tbh I'm just guessing, I haven't even started the homicide topic yet
0
reply
christopher23
Badges: 15
Rep:
?
#7
Report 6 years ago
#7
(Original post by Not Anonymous)
Okay, I'm gonna assume you do A-Level Law..

The law would say he is still guilty of murder. You have to look at whether if it is direct or oblique intention. It's not direct as he wanted the bomb to explode at midnight, not midday.

The test oblique intention (indirect), comes from R v Woolin - to prove oblique intention, you must prove:
1) there is a virtual certainty (a chance that if the bomb explodes at a time other than he intended to)
2) D appreciates this, and does it anyway

So yep, he's still guilty of murder - hope that helps
Are you 100% sure that he would be guilty for MURDER?
0
reply
Not Anonymous
Badges: 9
Rep:
?
#8
Report 6 years ago
#8
(Original post by christopher23)
Are you 100% sure that he would be guilty for MURDER?
Well, he planted a bomb, and the explosion killed someone. Why else would you plant a bomb, if you don't mean to kill anyone? But what do I know, I don't study law at uni
0
reply
username1214455
Badges: 21
Rep:
?
#9
Report 6 years ago
#9
No mens rea, at least I don't think so. He didn't aim to kill or seriously injure as there were supposed to be no victims, therefore he did not commit the crime of murder.
0
reply
christie05051996
Badges: 0
Rep:
?
#10
Report 6 years ago
#10
I think he would not be found guilty of murder as the mens rea is too difficult to prove however he could be convicted of either gross negligence manslaughter or unlawful act manslaughter as, by placing the bomb and filing to retrieve it before it exploded at midday he created a danger and therefore should be seen fit to remedy it - it comes from a case called Miller under omission which is a failure to act when you owe a duty , it is most likely he will be charged with gross negligence manslaughter as he owed a duty of care to everyone in the shopping centre by creating the danger . However there will probarbly be some aggrivating circumstances such as being a terrorist so his sentence would probrably be 2 life sentences (one for the terrorism and one for manslaughter) these will probrably be run seperatly with one beginning after the other one ends so that he is definatly not be let out of prison on policy grounds because life can be as little as 6 years for one offence
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

What support do you need with your UCAS application?

I need help researching unis (25)
13.23%
I need help researching courses (12)
6.35%
I need help with filling out the application form (9)
4.76%
I need help with my personal statement (79)
41.8%
I need help with understanding how to make my application stand out (46)
24.34%
I need help with something else (let us know in the thread!) (3)
1.59%
I'm feeling confident about my application and don't need any help at the moment (15)
7.94%

Watched Threads

View All