English Criminal law Problem question - Discuss the criminal Essay

English Criminal law Problem question - Discuss the criminal liability, if any, of Bruiser for the murder of Dot - Essay Example In the event the actus rea and the mens rea are concurrent, then the accused person will be deemed fully liable for the act and be penalized for first degree murder. The establishment of mens rea is particularly important to establish guilt, since according to Edward Coke who first proposed the theory of mens rea, â€Å"an act does not make a person guilty unless the mind is also guilty.†2 When a criminal act – especially murder – has occurred, it is also necessary to establish a concurrence with the mens rea.3 The case of R v Lamb4 set out the precedent that mens rea â€Å"is an essential ingredient in manslaughter†. The criterion that is used is by assessing whether a reasonable man would have been able to assess the risk inherent in his actions that caused harm, which will be sufficient to establish mens rea5. However, a recent significant development in this area is the case of R v Andrews6 (2003), wherein the Court upheld a conviction for manslaughter although it was a strict liability offense. The prosecution was not required to prove mens rea in that case7. This could impact significantly upon the extent of Bru iser’s liability and the possibility of conviction. The context within which an offense occurs forms an important part of the sentencing and in making a determination of the extent of liability of a person when mitigating circumstances exist, the accused could be deemed to have a diminished responsibility for his actions and will be liable for the lesser charge of manslaughter. However, there is also provision in English law for transferred malice, whereby a person intending to cause grievous bodily harm to one person may actually cause it to another by some slip or change in circumstances, nevertheless the accused will be deemed to be as guilty as if he had intended to carry out the damage on the second person. Moreover, in making the determination about whether grievous bodily harm has taken place, the Court will also