Mens Rea And Actus Reus Of A Crime

Mens Rea And Actus Reus Of A Crime Two elements comprise nearly all crimes, a guilty mind (mens rea) and a guilty act (actus reus). An act does not make a man guilty of a crime, unless his mind is also guilty. It is, therefore, not the act which is guilty but respectively the man and his mind. A substantiation of an actus reus is required in every crime. Also, there is a presumption that every element of the actus reus needs proof of a consequent mens rea. Where the presumption of mens rea is not applicable, such offences are called strict liability crimes. Most crimes have the element of a mens rea. It must always be proven by the Prosecution that an unlawful conduct is committed by an accused. Furthermore, it will usually have to be proven that the accused committed with guilty mind in engaging such conduct. For instance, to ensure conviction for rape in contradiction to s.2(1), 1981 Criminal Law (Rape) Act, it must be proven by the Prosecution that the accused committed unlawful conduct (i.e., non-consensual sexual intercourse with a woman), knowing that no consent is given by the woman or being thoughtless regarding whether or not the woman was consenting (mens rea). If the guilty act (actus reus) involves the particular outcome which the criminal conduct of the accused caused, a mens rea may have to be proven by the Prosecution as well with regard to the particular outcome. The actus reus, for instance, in the crime of assault producing injury in contradiction of s.3, 1997 Non-Fatal Offences against the Person Act, is criminal act, i.e., an assault, and a distinct outcome (i.e., injury). Intention and Mens Rea It is impossible to explore somebodys mind to determine their intentions.  [3]  The meaning of intention, in line with s.14, 1861 Offences against the Person Act, deliberated by the Court of Criminal Appeal in The People (DPP) v. Douglas and Hayes,  [4]  provides that whoever shall fire at any person with the intention to carry out murder shall be guilty of a felony, whether or not it will result to any physical harm. The Special Criminal Court convicted the applicants inter alia of an offence in contradiction of s.14 of the 1861 Act. They argued successfully that the requisite intent under s.14 had not been proven. The courts judgment was conveyed by McWilliam J, stating that unless intent has actually been expressed by the accused, the intent of the accused can only be determined from a consideration of his actions and the surrounding circumstances. What the accused intend or did not intend, only he can know such. Apparently, if the accused expressed the intention to do a thing and carried on to accomplish that intention, proving that the accused acted with intent will be reasonably simple. Conversely, lacking such an expression, intention is harder to prove and other statements expressed by the accused must be considered by a jury or judge as well as the actions of the accused and the circumstances surrounding the case in coming to a decision whether intention is to be inferred or not. Omissions Liability and Actus Reus Precisely what is meant by conduct is commonly referred to as an act. In criminal liability, an omission or a part thereof cannot form the actus reus of a crime as a general rule. As stated by McAuley and McCutcheon,  [5]  the common law traditionally disinclines to punish omissions and to illustrate this time honoured example, watching an infant drowning in a shallow pool by an able-bodied person does not constitute an offence. But this principle is also subject to exceptions. The accused in DPP v. Bartley  [6]  had been convicted of different sexual offences. Carney J on passing judgment commented that where a believable complaint of felony is presented to a policeman, the policeman under the Common Law has no discretion in not investigating the complaint and arrest the indentified offender. This duty if not carried out strongly constitutes on the part of the policeman an illegality and makes him liable to prosecution on indictment. Palles CB remarked in Creagh v. Gamble  [7]  that a person shall be brought to justice where a credible suspicion of a felony is present against him. The Peace Officer is entitled and duty bound as well to apprehend him. This Common Law principle still applies. This was substantiated in R. v. Dytham.  [8]   Concurrence of Mens Rea and Actus Reus If mens rea is to be proven by the Prosecution, it must moreover establish that mens rea existed at the time of the actus reus. At times whether the actus reus and mens rea concurred may not be apparent. The accused in Kaitamaki v. R.  [9]  was charged with rape. Having sexual intercourse with a woman without consent is the actus reus of rape. Knowing that it is non-consensual or whether there is consent or not by being reckless is the mens rea of rape. It was established that the woman initially consented to have sexual intercourse with the accused. In spite of the subsequent withdrawal of the womans consent, the accused persisted and did not desist from having sexual intercourse. It was contended by the accused that at the time of the actus reus (i.e., penetration), consent was present, hence, he did not have a mens rea. Lord Scarman, the Privy Council, rejected this contention by stating that the act of sexual intercourse is continuing and ends only with withdrawal. Accordingl y, the woman had the right to withdraw her consent at whatever time during sexual intercourse, even though she had initially given consent to penetration. The case of Kaitamaki v. R.  [10]  can be referred to in sustaining the proposition that an actus reus entails a continuing act, and as such, in order to ensure a conviction, the accused must be proven to have the required mens rea at some period during its continuation, although it is not essential to establish that at the outset the requisite mens rea was present with the accused.

Financial Management Theory and Practice Essay

A- Annual report :- it’s a statement that gives an accounting picture of a firms operation and its financial position , there is two types of information are provided in annual report First :- the verbal section witch often represents the firms operation result during the past two years or any period , and discuses new developments that will effect future operation . and explain why things turned out the way they did . Second :- the presentation for four basic financial statements ( the balance sheet , the income statement , the statement of retained earnings and the statement of cash flows). these four statements illustrate (what has actually happened to assets , earnings , and the dividends over the past few years . These information is used by investors to help form an expectation about the future earnings of the firm and dividends B- Balance sheet :- it’s a snapshot of firms financial position in the last day of given period . and a balance sheet changes daily because of :- * Inventories are bought and sold . * Fixed assets are added or retired . * A bank loan balances are increased or paid down. Its composite of a table of two sides :- The left side of a balance sheet lists assets (which are the things that company owns) in order of liquidity or the length of time , The right side lists the claims that ( supplies , banks , bondholders , stockholders ) have against company and they must be paid in order ) . C– the income statement :- reflects the financial performance over each of a given period of time ( monthly , quarterly and annually ) . witch contains net sales excluding (EBITDA) .which means earning before interest , taxes , depreciation and amortization . D- depreciation :- its a policy applies by accountants , rather than treat the entire purchase of assets in a purchase year , they treat the expenses of assets by the assets useful life , in many years after , and it calculates in tangible assets in balance sheet . E- Net worth or common equity :- it’s the asset net of liabilities and sum of common stocks and retained earnings , In case a company’s assets are sold and liabilities and preferred stocks were actually worth their book value , then the company in case of bankruptcy can sell its assets to pay liabilities and preferred stocks and remaining cash would belong to common stakeholders . F- (EBITDA) :- its earning before interest , taxes , depreciation , and amortization . G- STATEMENT OF CASH FLOW :- represents a claim against assets , instead of distributing the money as dividends , they spend it on buying new assets . H- The statement of cash flow :- it’s the amount of cash reported on its year-end balance sheet , it can be used in variety of ways , (pay dividends , increase inventories , keep it in bank , or to invest in fixed assets . (3-2) what four statements are contained in annual report ? Answer :- 1- the balance sheet , 2- the income statement , 3- the statement of retained earnings 4- the statement of cash flows These information is used by investors to help form an expectation about the future earnings of the firm and dividends . (3-3) If a â€Å"typical† firm reports $20 million of retained earnings on its balance sheet, could its directors declare a $20 million cash dividend without any qualms whatsoever? Answer :- No , because the retained earning could be used in variety of ways , like pay dividends , increase inventories , keep it in bank , or to invest in fixed assets . (3-4) Explain the following statement: â€Å"While the balance sheet can be thought of as a snapshot of the firm’s financial position at a point in time, the income statement reports on operations over a period of time.† Answer :- Because the balance sheet changes daily as inventories are bought and sold , fixed assets are added or retired , or as a bank loan balances are increased or paid down . while the income statement is the financial performance of a firm during that period , and its more precise to analyze . (3-5) What is operating capital, and why is it important?

Aid For Developing Countries Improve Economic Growth

Introduction For centuries wealthy countries have been giving away billions of dollars to help developing countries improve their economic situation. We have found out aid given to these countries in economic need have caused positive and negative affects towards the government. The basic reasons of giving aid are to help developing countries stimulate economic growth or directly give resources to meet people’s basic needs. The question is whether this aid is helping the developing country’s government or hurting it and by how much? Aid given to these countries can include donations, projects and technical assistance. Wealthy countries give aid to developing countries to promote their own governments internationally and fulfill their economical and political agendas. Throughout history many people have not been accountable for the effects of the aid and just made sure that the aid was there. Also countries that have been giving aid to a particular country for a period of time tend t o pull out the aid because different interests arising in the donating country. This cripples the aid receiving country’s economy because the aid was holding the economy together is gone and they have to start building all over. This dependence on aid leaves the country in economic ruins when the aid disappears. Now that we have a background on aid we can see why the knowing the effect aid has on governments is so important. Determining whether or not aid is beneficial to governments is crucialShow MoreRelatedHow Can African Nations Achieve Economic Growth? Essay1104 Words   |  5 PagesMany of the globes not as advanced or â€Å"developing† nations find their place in Africa. These countries must improve upon basic fundamentals in order to be considered a developing nation. For example, a country must substantially reduce poverty in hopes of achieving their desired status. 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Ralph Waldo Emersons Connection To Transcendentalism

Final Writing Plan For my historical event analysis, I have chosen to write about a Massachusetts-born American poet and essayist Ralph Waldo Emerson who was part of the Transcendentalist movement which geared philosophical thinking that involved viewing women as equal. Philip F. Gura, Transcendentalism and Social Reform, History Now, assessed May 14, 2017, https://www.gilderlehrman.org/history-by-era/first-age-reform/essays/transcendentalism-and-social-reform. Emerson s support for women s suffrage prompted him to write A Reasonable Reform to promote anti-suffrage and allow women to vote so that it [brings] together a cultivated society of both sexes. Ralph Waldo Emerson, A Reasonable Reform (1881), in Women s Suffrage†¦show more content†¦The first primary source to support Emerson s philosophy and avocation for women drafted by Ralph Waldo Emerson. The publication titled: A Reasonable Reform, by Ralph Waldo Emerson, a book by National Woman Suffrage Association Collect ion and Woman s Journal, published in 1881. The publisher of the source was the Library of Congress. Emerson s writing talked about how easy it is for women to be part of the larger society as a refining society to the highest point. Emerson, A Reasonable Reform (1881), in Women s Suffrage Association (Cambridge: Radcliffe College, 1848-1921), 1-3. To further elaborate on the concepts of Emerson Suffragist Elizabeth Cady Stanton wrote the Women s Bible, a publication in its larger context explains Emerson s thoughts about women and society. Stanton, a part of the suffrage movement, argued in the Women s Bible that religion interfered with women s rights. Elizabeth Cady Stanton, The Women s Bible, in Elizabeth Cady Stanton Papers (Washington D.C.: Library of Congress, 1895), 1-151. Consequently, another primary source titled: Civil Disobedience, by Henry David Thoreau, a publication by the American Studies University of Virginia, published in 1849. ThisShow MoreRelatedTranscendentalism in America: The Philosophical and Literary Movement1062 Words   |  5 Pagesspirituality. In the end, authors in America created Transcendentalism. Transcendentalism is a philosophical and literary movement that searches for individual truth through spiritual reflection, complete solitude, and a deep connection with nature. Because this was established by authors, many of them wrote different pieces reflecting and using the beliefs of Transcendentalism. Ralph Waldo Emerson was considered to be the father of Transcendentalism. 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Emerson is part of the well-known literacy movement known as transcendentalism. This is when authors often referenced nature and focused on intuition and imagination. This movementRead MoreTranscendentalism in Henry D avid Thoreau and Emily Dickinsons Literature984 Words   |  4 Pageswished to know what transcendentalism was he should empty his mind of everything coming from tradition and the rest would be transcendentalism† (Boller 34). This literary period has dramatically shaped literature and religion, in America. Many writers like Henry David Thoreau and Emily Dickinson have been influence by transcendental ideas. It is astonishing how an inspiring literature movement can change so much of the world’s view and still is around today. Transcendentalism was an American literatureRead MoreCritical Analysis of Nature by Ralph Waldo Emerson Essay781 Words   |  4 Pagescomplain when it’s too hot outside, not even thinking that, that warmth is keeping us alive, or we get mad when it rains too much, not appreciating it for keeping nature flourishing. Ralph Waldo Emerson talks of humans’ disdain for nature and how detached we have become in his piece â€Å"Nature.† We’ll take a look at Emerson’s opinion on the lack of compassion and awe that mankind has for the world around them. Nature was not uncommon to be a theme that Emerson leaned on ever so frequently. This was notRead MoreThe Philosophy of Transcendentalism Essay1292 Words   |  6 Pages Transcendentalism was a philosophy that became influential during the 1800s. It was based on the belief that knowledge is not limited to and solely derived from experience and observation but from the truths seem through reason. In the United Sates, transcendentalism became both a philosophy and a literary, religious, and social movement. Emphasis was placed mainly on oneness with nature and God while making the possibility of social change a reality. Ralph Waldo Emerson was the leading AmericanRead MoreDavid Thoreau s Into The Wild By Jon Krakauer959 Words   |  4 Pages Transcendentalism is a movement that began in the 1830s with the thought that important reality is intuitive, rather than taught knowledge. This then forced the idea of individualism being the most important element within society and everything having a godly piece within them. Some major transcendentalist figures include: Ralph Waldo Emerson, Henry David Thoreau, and Jack London. In the novel, Into the Wild by Jon Krakauer, many of Christopher McCandless’ experiences on his journey of AlaskaRead MoreTranscendentalism : A Philosophical Movement1815 Words   |  8 PagesTranscendentalism in Emerson’s Poetry Transcendentalism was a philosophical movement in America that developed during the early 19th century. Ralph Waldo Emerson is one of the most famous transcendental writers. Transcendental ideas are different with every writer and poet, but some key points are always present in transcendental literature: â€Å"The indwelling of the divine in the human soul; the superiority of the individual over society...intuition, imagination, and vision as the ways of understandingRead MoreEssay on Transcendentalism vs. Anti-Transcendentalism778 Words   |  4 PagesIn the mid-1830s, Ralph Waldo Emerson created a belief called Transcendentalism. He wrote the essay, â€Å"Self Reliance† and Henry David Thoreau, another Transcendentalist wrote an essay called, â€Å"Walden.† Both works of literature focus on the Transcendentalism belief. In â€Å"The Minister’s Black Veil† by Nathaniel Hawthorne, Hawthorne reveals both Transcendentalism and Anti-Transcendentalism throu gh the attitudes of the characters. Therefore, â€Å"The Minister’s Black Veil† can be compared and contrasted withRead MoreRalph Waldo Emerson: A Brief Biography756 Words   |  3 PagesRalph Waldo Emerson was born in Boston, Massachusetts on May 25, 1803. He was the son of William and Ruth Emerson and was born second of five sons who made it to adulthood. The other four sons were named William, Edward, Robert Bulkeley, and Charles. Mr. and Mrs. Emerson also had three other children who sadly died during their childhood. Those three were named Phebe, John Clarke, and Mary Caroline. Emerson’s father died of stomach cancer two weeks before Waldo’s eighth birthday on May 12, 1811,