Criminal law Essay Example | Topics and Well Written Essays - 1000 words - 3

Criminal law - Essay Example(Lord Diplock in R v Miller)2 The actus reus and mens rea lead to coincide, however the requirement is interpreted broadly. (Fagan v. Commissioner of Police3) In certain circumstances omissions can count as commensurate actus reus. One of the situation is where the conduct of the defendant created a situation of danger. (R v. Miller)4The acts of Dot attract s.1(1) the actus reus of which requires a mortal destroying or damaging some(prenominal) plaza which belongs to a nonher. The actus reus must be voluntary. (Woolmington v. DPP)5 The destruction or damage of the property must impair the value or usefulness of the property. (A v R)6. Such destruction or alter must be without lawful excuse that is there is no honest belief on the develop of the defendant that the owner consented to such(prenominal) destruction or damage. (Denton)7In the current situation the actus reus of Dot was by way of an omission as he was the one who created the situation of d anger. The next element in actus reus is that he of destruction or damage, clearly the erect had led to damage being caused to the caducous. Clearly Dot did not have any lawful excuse to cause such destruction as he precisely wanted such destruction so as to further the value of his property.Dot acquired the intention of such destruction when he refrained to constrain the damage by letting the fire to grow and destruct the shed and therefore the mens rea of the offence would be proved. (Cunliffe v Goodman)9Since the elements of actus reus and mens rea are proved it is pertinent to point to s.1(3) which states that destruction by fire would be charged as arson which, if proved, carries a maximum sentence of life imprisonment. moreover such an offence is to be treated separately from criminal damage.(R v. Booth)10.It is clear that the destruction caused was by fire and therefore Dot would be charged under arson. He clearly does not have any defence to