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Criminal Law: Actus Reus, Causation, and Liability

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Added on  2023/01/18

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This article explores the concepts of actus reus, causation, and liability in criminal law. It discusses the meaning of actus reus and the elements involved. It also examines the importance of causation in criminal offenses and provides a case study relevant to the topic. Additionally, it discusses the duty of care and omission in criminal law and the liability of medical practitioners. Overall, it provides a comprehensive understanding of criminal law principles.

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CRIMINAL LAW

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Table of Contents
EXECUTIVE SUMMARY.............................................................................................................3
INTRODUCTION...........................................................................................................................4
DISCUSSION..................................................................................................................................4
Meaning of actus reus ............................................................................................................4
Elements of actus reus ..........................................................................................................5
Causation a crime ..................................................................................................................5
Case study relevant to the stated case ....................................................................................6
Duty of care or omission........................................................................................................6
Chain of causation:.................................................................................................................7
Medical practitioner liability .................................................................................................7
Liability of the persons .........................................................................................................8
CONCLUSION................................................................................................................................8
JOURNAL ENTRY.........................................................................................................................8
REFERENCES..............................................................................................................................10
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EXECUTIVE SUMMARY
Criminal law refer to such body of law which mainly control the activities of the person
in respect of committing any illegal activity. Thus, in such aspects criminal liability act, 1967 are
applied in respect of facing any such issues and also to protect the right of the person in any
criminal crime. Thus in this case study, the criminal activities are undertaken by the four person
in context of Betty and which results to death of the Betty. As in this case study, the concept
relating to Actus reus is examined which is undertaken in respect of harming any person through
physical movement. In respect of undertaking the matter related to causation, it is necessary to be
imposed in every criminal activity. In context of breaking reason of causation, is not
implemented in case of any infringement of right under performing the duty as a medical
practitioner. Thus, in such aspects the punishment which is imposed under the criminal aspects is
relating to the punishment for more than 7 year or fine or both but in case of committing murder
or rape. But in case of violation of rights through physical movement than fine or punishment for
3 years or both can be imposed. Thus, the main aspects is examined through this report is that the
deep study is undertaken in respect of imposing laws and punishment on particular nature of
criminal activity.
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INTRODUCTION
Criminal law refers to such law which is mainly designed to protect the right of the
citizens in respect of attaining any such criminal offence which affects the rights of the parties.
Criminal offences are related to rape, murder or trespassing of any property or destroying the
property for their personal cause. This case reflects the understanding of the offences which
gives rise to criminal activity. As the issue is examined between the Naveed and Betty in respect
of creating relevant rumours regarding their image. As by this factors it give rise to any criminal
activity in respect of affecting the reputation of any person. The stages of criminal offences are
firstly reflected through this perspective only as if any person directly affects through the views,
thoughts and words which is said by another person (Criminal law, 2019). This is the stages
which give rise to any offences and it is dependable on next stages that it reflect criminal activity
or give rise to civil crime. Crime crime are related to any infringement of right of any person or
theft or any type of fraud which not harm any person either physically or mentally. Thus, the
next stages which is resulting to criminal offences is relating to threatening, harming or causing
any such activity which results in giving rise to the two major crimes such as Actus reus and
mens rea.
DISCUSSION
Meaning of actus reus
The matter which is undertaken in actus reus is mainly related to causing harm to any
person through the physical movement which is committed by any other person. The crime
which is committed under the Mens rea is related to the criminal mind of the person which is
resulting to giving rise to many stages. The stages which are signs of the mens rea is relating to
planning to undertake any crime or procedure which is stipulated to accomplish such task. Thus,
the matter which is relevant to this case study, in this aspects the actus reus is examined in which
the Naved carry the criminal mind in respect of harming Betty in context of creating irrelevant
rumours against him (Simbeye, 2017). Thus in such aspects it reflects the actus reus crime in
which the he hurts Betty through imposing allegation of breaking her neck. In context of
protecting herself she jumped from the car which resulting in causing her left wrist fractured. As
in respect of matter related to Criminal Law Act, 1967 if any person commit any of such action
which results in causation to any such crime, than they are punishable under the criminal law act
and also the the punishment of imprisonment or hang till death is also imposes.

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Elements of actus reus
Thus, the major elements which is focused under the actus reus is relevant to the judgement
which is given by the defendant in respect of committed such act. This procedure is reflected in
form of perjury. In this case study, the perjury is given by the Naveed in respect of undertaking
any criminal mind or also thinking of harming Betty in respect of spreading rumours. As by his
offended words, Betty jumped from the car and also cause injury in his left wrist. In respect of
deciding the matter related to Omission, it is such a crime which can be committed or can be
neglected to protected the right of another person (Kyd, Elliot and Walters, 2017). In such
aspects, Peter carry such duty in respect of protecting the rights of the Betty by not carrying him
in flat instead of knowing the facts that it harm her through the firing from police side. In other
side, it is also the duty of the doctor to provide better treatment to the Betty but due to his
negligent, Betty died in the waiting room. Thus, omission reflected the failure to act which they
are liable to perform to secure the right of the person in respect of giving better treatment. Also it
is the duty of the Peter to not use the Betty in respect of self protection procedure as she is
already injured and also not have enough time for survival.
Causation a crime
This activity also resulting in giving rise to actus reus in respect of harming such person
physically, In respect of Peter he harmed Betty despite of knowing the facts that she is already
injured. Police officer Patel also carry the legal obligation in respect of securing the life of the
Betty by not firing in revert back of the Peter. As they are familiar with the facts that peter is
carrying Betty with him in respect of securing himself and such bullets can also harm Betty and
she can be injured. Thus, in such aspects all the four person are liable to be punishable under the
criminal act as they give rise to crime in various aspects. In context of undertaking the matter
related to causation, it indicates the relationship between the two activity and the reason behind
attempting such crime (Bosworth, Parmar and Vázquez, 2018). Thus in respect of any crime,
causation is must and it took places in respect of proving the crime into two aspect firstly it is
related to factual causation and secondly it is related to legal causation. Thus, in such aspects to
examine the crime under this act, the legal causation are imposed in respect of undertaking the
matter related to crime. As legal causation mainly resulting to providing the proof that the crime
which is committed by the defendant is mainly related to the criminal activity and thus are
proved under the terms of laws.
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Case study relevant to the stated case
By connecting the legal causation to the relevant case study, the aspects which is committed by
the Police office Patel is related to harming Betty in respect of saving her from Peter. This
statement is also supported in respect of doctors, as he takes the oath in respect of protecting the
right of the patients. The doctors not fulfilled their duty due to felling asleep, he not take care of
the Betty and by this aspects, she died in the waiting room. This case study is supported by the
relevant case study of R v Dalloway (1847) 2 Cox 273
in which the issue is raised regarding not controlling the reins in better way. As Dalloway
without hoarding the reins hit with the cart and suddenly the child ran in front of the cart which
results in death of that child. As this act is committed and resulting in wrong but the intention to
create something wrong is not determined (R v Dalloway (1847) 2 Cox 273, 2019). As the
situation commit such activity which is not in hands of the defendant but still due to committing
any criminal activity it resulting in giving rise to criminal offences. The judgment is given
against the defendant in respect of not taking care while driving a horse.
Duty of care or omission
The issue is also raised in respect of taking proper care while performing the duty and
also the breach in any of the duty resulting to causing damages or compensation to other party.
Thus this case study is supported by the present case study in respect of undertaking the intention
of the Naveed in respect of not harming Betty but by his criminal thoughts, Betty decided to
jump from the car on which the issue arises in respect of getting injured and also fractured her
left wrist. Thus, in such aspects the chain of causation occurs through focusing more on legal
causation as the facts are easily examined and also they are relating to law which is giving rise to
criminal activity (Ambos, 2018). Thus, in respect of undertaking the aspect relating to
intervening act which occurred through breaking the chain of causation occurs in respect of
proving the facts that it is occurred through natural calamites or any other aspects which is not
familiar by the defendants. Breaking the chain also resulting in respect of finishing the casual
connection or accepting the facts or by providing the facts that it is occurred in respect of self
defences cases. Thus, this aspects is relevant to the case study which is related to Naveed as that
can prevent herself in respect of giving statement regarding not forcing Betty to commit such
crime or the words which they spoken is not relevant that give rise to crime.
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Chain of causation:
Thus in such aspects, the breaking of chain in causation occurs as all the four person had
committed the crime which is related to Betty and it results in causing death of Betty. The crime
is to be break in all such parts and also in respect of determining the elements of the crime, the
causation majorly occurs and thus it is punishable in the eyes of the law. Under the criminal act,
the offences which affecting the right of the persons are punishable but the punishment is
imposed upon the nature of crime. Thus, every crime had different perspective and thus the
decision is imposed in such manner to secure the right of the injured person. In respect of
medical facility as if any doctors not fulfil their rights in right manner there medical licences is
cancelled and also the punishment is imposed upon them in respect of not accomplishing the
duty in right way (Bosworth, Hoyle and Zedner, 2016). In relevant to this case study, the doctors
is responsible for not treating Betty within the stipulated time an due to their negligence, Betty
died while waiting the doctors in waiting room. Though this aspects, the issue is examined in
respect of undertaking the criminal offences in respect of not performing the duty and also not
treating the patients within the stipulated time.
Medical practitioner liability
As doctors take oath while undertaking their medical procedure is that they will take care
of the patients in every aspects. But in this case study, the judgement given by courts are based
on keeping the medical field in mind and also the licences is to be cancelled in respect of
negligent in duty. Thus, punishment is imposed in respect of imprisonment for a term which may
extend to two year or also imposed high fine or also it can be both. Thus, in such case the whole
activity is resulting to giving rise to crime under the actus reus in respect of battery as the Betty
is not aware about the motive which is set behind the Naveed in respect of taking revenge of
spreading the wrong rumours against him (Mitsilegas, Bergström and Konstadinides, 2016).
Thus, in such act, battery resulting to committing such crime the other party is not familiar with
such activity and it is punishable under the criminal act, 1967. As the duty doctors is responsible
to undertake the rights in respect of treating the patient and also they are liable to secure the right
of the patience. Thus in this case study, the doctors not play the role in respect of securing the
Betty life and also negligent the duty in respect of undertaking the oath in medical field.

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Liability of the persons
Thus, from the above case study the liability of all the four person are examined in this
case study and also they are convicted in respect of committing offences against Betty. As
Naveed carry the rights in respect of threatening Betty by her thoughts which results in facing
injuries through jumped from the car. Thus, under the criminal act the punishment are imposed
in respect of imprisonment for a term which can extend to 3 years as he carry the physical actus
reus. Under this he committed the crime through his imposing words or any obligation which he
imposed on Betty due to which in respect of self protection she jumped from car and faces
injuries. Thus, in such aspects the criminal liability is imposed in case of Naveed to harm Betty
through verbal communication (Cronin, 2016). In respect of matter related Peter as he take the
advantages of Betty to protect himself from police after knowing the facts that she is already
injured. Thus in such manner she is convicted and also offended through the criminal reason. By
viewing this condition, Peter is also punishable under the criminal act and the offence are
imposed in respect of keeping in mind the previous offences and than the judgment is given.
CONCLUSION
From the above stated matter, it is concluded that in context of matters that is undertaken
through Police Constable Patel, the judgement is raised in respect of not undertaking the duty of
the care. As they are familiar with the facts that if he fired bullets on Peter it can also affects
Betty as peter engrave Betty for his self protection. But after knowing this consequences still, PC
Patel had fired three bullets which also affects the rights of Betty. This, respect of imposing
punishment under the criminal act, PC Patel can be fired from the post as they not maintain the
right of the human protection in context of securing the rights of the Betty (Graham, 2018).
Thus, at last the criminal liability of the doctors is undertaken and thus, they imposed penality
with imprisonment which may extend to two year and also there is chances of cancellation of the
medical licences as the doctors is on duty at that time but still not treated Betty. Thus, theses are
various aspects which are undertaken in respect of protecting the rights of the Betty instead of
not securing their life by any of the person.
JOURNAL ENTRY
The topic which I studied is relating to the criminal law which is designed by the act of
parliament to protected the right of the person. The factors who are covered under the criminal
law are mainly imposed on rape or murder cases. Thus, I came across various matter during
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gathering the information which is relevant to this case study. As I attended various court session
in which the procedure is undertaken by them, in respect of examining the details minutely. I
also learned few things that how the decision is taken and by keeping small things in mind before
interpreting large decision. This concept is helpful for me in respect of undertaking the large
decision and also keeping patience in context of gathering information. I also learned that the
importance of small thing can bring the major changes in working and this things I applied in my
work place also. Thus, from the above learning I gather various importances in context of
managing the task and also attaining same task to get the complete and authentic information. In
respect of developing the professional development I find that this will helpful in getting proper
training of the skills development. For e.g. in case of being the post of advocate, through this
aspects I can gather the training on particular aspects. As their are various types of crime and
also the punishment is imposed on particular crime thus training is done in respect of
differentiating the type of crime.
In respect of attaining the usefulness of personal development, I find that I became more
aware about the new amendment which occurs in laws and also imposed by parliament. As this
is very unique to find out the matter regarding which perspective, the decision is undertaken for
amendment of the existing laws. For e.g. this is helpful in case of developing the personal skills
as after conducting this report, I became more aware and also prefer the e- mode news system to
gather the information of the latest amendment which is circulating in country. Through this
aspects I fell more capable to deal in such matter and also help other to protect their rights in
respect of facing any such situation near to that places.
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REFERENCES
Books and Journals:
Ambos, K., 2018. European Criminal Law and Brexit. In Justice Without Borders. (pp. 1-22).
Brill Nijhoff.
Bosworth, M., Hoyle, C. and Zedner, L. eds., 2016. Changing Contours of Criminal Justice.
Oxford University Press.
Bosworth, M., Parmar, A. and Vázquez, Y. eds., 2018. Race, criminal justice, and migration
control: Enforcing the boundaries of belonging. Oxford University Press.
Cronin, A. L., 2016. Reforming corporate fraud regulation in the UK: a model of manifest
liability (Doctoral dissertation, Bournemouth University).
Graham, L. D., 2018. Austerity Policies as Crimes against Humanity: An Assessment of UK
Social Security Policy since 2008. QMLJ. 9. p.5.
Kyd, S., Elliot, T. and Walters, M., 2017. Clarkson and Keating criminal law: text and material.
Sweet and Maxwell.
Mitsilegas, V., Bergström, M. and Konstadinides, T. eds., 2016. Research handbook on EU
criminal law. Edward Elgar Publishing.
Simbeye, Y., 2017. Immunity and International Criminal Law. Routledge.
Online:
Criminal law. 2019. Online. Available through:
<https://www.lawsociety.org.uk/for-the-public/common-legal-issues/criminal/>.
R v Dalloway (1847) 2 Cox 273. 2019. Online. Available through:
<https://lucidlaw.co.uk/criminal-law/legal-doctrines/causation/r-v-dalloway/>.
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