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Hi, need to submit a 1750 words paper on the topic A Crime in Violation. Our English law so provides that even a needle prick that produces a break in the skin and draws blood is considered as serious
Hi, need to submit a 1750 words paper on the topic A Crime in Violation. Our English law so provides that even a needle prick that produces a break in the skin and draws blood is considered as serious harm on the part of the victim [Elliot, C. and Quinn, 2000).
In the case of Boris, he used his car to inflict harm on PC Ali. Here, we have a continuing act that caused bodily harm. The actus reus starts with the refusal to heed to the command of an officer to get out of the car, increasing speed when the officer was on the bonnet of the car and causing serious bodily harm to the victim when the victim fell off the bonnet of the car. PC Ali was seriously wounded as a result of the fall. Note that even though the act of PC Ali in jumping on the bonnet of the car in an attempt to stop Boris from escaping, the harm caused by his person is a result of an unlawful act on the part of Boris.
Since Boris could have prevented the injuries from happening by simply stopping the car as directed by PC Ali, the element of malice is present. Given the fact that Boris is already wanted for a serious crime by the police long before the incident with PC Ali, Boris can be said to have a guilty mind. The men's rea of this case, therefore, is the intent to evade apprehension by the police. Note that when PC Ali knocked on the window of the car, the immediate reaction of Boris was to take flight. The reaction of Boris can be closely linked to his guilt as he is already wanted by the police for the commission of some serious crimes.
According to the facts of this case, the accused could not have committed homicide or murder because there have been some intervening events that caused a break in the flow of the act before death took place. Note that .after Boris took off in the car and caused serious injuries on the part of PC Ali, PC was taken to the hospital where he was made to wait for six hours before he was treated. According to the case of R v Malcherek and Steel (1981), the court said that acts that were not reasonably foreseeable could break the chain of the act.
