Monday, May 6, 2019

Criminal law problem question Essay Example | Topics and Well Written Essays - 750 words

Criminal law problem question - Essay Example1Simple crook deterioration finds a person guilty of criminal cost if they recklessly destroy or dam hop on airplane propeller belonging to an opposite person. In order to exhibit a defendant liable to simple criminal damage the following elements have to be provedProving the mens rea in this case would be simple as the events that led to the destruction of $6,000 worth of property were triggered with Archie catapulting the stone. As set out in Roper v Knott2any diminution in value of property due to a persons act other than the owner is considered criminal damage.The prosecution in this cases would have the most difficult in proving the mens rea. The prosecution would be burdened with proving that Archie had the intention to destroy the garage or he acted recklessly leading to the damage in the garage. It is clear from the facts of the case Archies actions were not intended at causing the damage. Therefore, the prosecution would have to prove Archie acted recklessly in hitting the bus with the stone.In R v G & R venturesomeness can be proved if Archie was aware of the risk of the stone hitting a vehicle on the road adjacent to the park existed3. Secondly, if he was under circumstances that made it unreasonable for him to take the risk. to a lower place the reasoning in R v G & R4, Archie could not appreciate the risk of damage because of his age. In R v G & R it was ruled that a defendants age, cause and knowledge must be taken into consideration while determining if they acted recklessly5.Therefore, Archie can use his age as a defence against the charge of simple criminal damage. Therefore, the prosecution would not be sure-fire in convincing the court, Archie is liable to any criminal offense.In this case, Barry aims and fires his high powered air denudate with the intention of teaching his neighbour Siegfried a lesson. The previous night, Barry had not slept as Siegfried had played dubstep music the co nsentient night. The impact of Barrys

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