Preview

Difference Between Crime And Crime

Better Essays
Open Document
Open Document
1563 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Difference Between Crime And Crime
commit a criminal act are not governed under this section as the act was a lawful one done to save one’s life.
There is wide difference between the term offence and a criminal act. The word offence is a result or effect of a criminal act. Criminal act is wider than offence (section 40). A criminal act is a series of act which is committed by an offender that results in punishment under the code of the law (as the law maybe). The word act is not confined to the meaning that you do something directly. Even not acting may amount to an act. In case of a sati where people are watching the entire event and are merely standing there as a spectator this proves their tacit support to the event and also qualifies as an encouragement to the person who
…show more content…
state of Rajasthan4, the wife of the accused inflicted a single blow and then stood as a mere spectator whereas the accused with others inflicted heavy blows with sharp objects on the deceased. It was held by the court that it could not be held that whether the accused shared a common intention of causing death. Hence, she was not liable for murder and her conviction was changed to grievous hurt.
In the present case of Barendra Kumar Ghosh, the accused argued that he was the man who stood outside the courtyard and was in nowhere in the room. To this contention the court asked why was he present at the scene of the crime at all and why did he not take himself off ? These questions were not answered by the
…show more content…
Prior consent (prior meeting of mind). ii. Plan of action.
The concept of Joint liability first came up in the case of R. v. Cruse7. In this case, a constable along with assistants, came to A’s house with an arrest warrant. B, C and D noticed the constable coming and they came out and thrashed him. One of the assistant died at the spot. The question before the court is that whether all the three will be jointly liable or the punishment would be based on the proportionate basis. The court said that when it is not possible to determine who committed the crime, we have to look into the intention of the perpetrators and hold them jointly liable for the crime.
In the Postmaster case, the view of the court on common intention were that if for an act, both the accused are charged but each one is liable to the extent of his act only, then the charges framed against them will be for attempt only, as no more than that can be proved and they would be acquitted of

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The aim of this case is to present a contemporary criminal case. The case must have occurred in the last ten years. It must be an indictable offence, a more serious criminal charge where the defendant has the right to trial by jury and has been found guilty. The analysis of the case will be carried out through the extent which the law balances the rights of victims and offenders.…

    • 570 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    The Regina Knight Case

    • 1974 Words
    • 8 Pages

    In order for a trial to be brought, the police and prosecutors might be able to prove that the elements of the particular offence are present. In this criminal case both Actus reus, Mens rea as well causation was clearly shown through the behavior of Katherine Knight.…

    • 1974 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    Exclusionary Rule

    • 1743 Words
    • 7 Pages

    This paper examines the exclusionary rule. Explains the reasons for the origin of the exclusionary rule. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals Not only how it came about but, the true meaning as well as the exceptions. There are also a number of cases mentioned throughout the paper that have played some role in the exclusionary.…

    • 1743 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    One of the main areas pointed out by the Law Commission was the bit by bit development of the law leading to a lack of coherence. This lack of coherence can be seen in the uncertain meaning of ‘intention’. Intention is a vital element of murder in regards to proving D having the sufficient mens rea. Despite multiple attempts by the House of Lords to explain what effect foresight of consequences has; s8 CJA 1967 it is still unclear. In Moloney it was ruled foresight of consequences was not intention; it was only evidence from which intention could be inferred. However, in the case of Woolin the HoL spoke of intention being found from foresight of consequences. This left it unclear whether it is a substantive rule of law or a rule of evidence and the following case of Mathews ad Alleyne confused matters more after stating there was little difference between the two. In my view this could be resolved if a definition of foresight of consequences was provided in a statutory definition; making applying the law easier for jury’s.…

    • 1406 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    what is crime

    • 929 Words
    • 4 Pages

    but these are not (usually) criminal acts. The distinction between a civil and a criminal case…

    • 929 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Criminal Law

    • 1054 Words
    • 5 Pages

    An interesting case that was currently brought before the Supreme Court was Missouri vs. Frye. I found this case interesting due to the injustice that was provided by Frye’s counsel, and that Frye insisted on committing the same crime over and over again even though he knew he had an open case concerning driving under a suspended license. There were many sources and jurisdictions related to criminal law that also relates to this case. Criminal liability is when one takes responsibility for committing a crime, and accomplice liability is when someone helps someone commit a crime. Actus reus means guilty act, mens rea means guilty mind, and concurrence means the equality of rights. Actus reus and mens rea are both necessary in order for a defendant to prove criminal liability.…

    • 1054 Words
    • 5 Pages
    Good Essays
  • Best Essays

    The classic authority on the circumstances in which third parties will be held accountable for their involvement in a breach of trust or fiduciary duty is the English case of Barnes v Addy. It was in this case that Lord Selbourne LC articulated the much cited and analysed statement of principle that has come to form the modern law:…

    • 3483 Words
    • 14 Pages
    Best Essays
  • Good Essays

    The mental element of complicity refers to participation in a crime through demonstrating an intention to assist or encourage the commission of an offence by another person. The Crimes Act (NSW) refers to three doctrines of complicity: joint criminal enterprise, extended common purpose and accessorial liability. In these contexts, the mens rea and actus reas of the secondary participant must be established in order to amount to complicity with the primary participant. Since complicity is substantially governed by common law rather than statute, cases that raise issues of Offences Against the Person will be used in order to exemplify characteristics of complicity.…

    • 892 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Crimes Amendment (Reckless Infliction of Harm) Act 2012 overcomes the holding in Blackwell by permitting a jury to find an accused guilty of the offence of recklessly causing grievous bodily harm if the person causes grievous bodily harm to a person and is reckless as to causing actual bodily harm (s 35(2)). Similarly, a person is guilty of the offence of reckless wounding if the person wounds a person and is reckless as to causing actual bodily harm (s 35(4)). Materially similar amendments are also proposed for offences in the Crimes Act under ss 60, 60A and 60E and particular circumstances of aggravation under s 105A. The…

    • 373 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Assault In Criminal Law Essay

    • 10991 Words
    • 44 Pages

    * Assault * Battery * Criminal negligence * False imprisonment * Kidnapping * Mayhem * Robbery * Sexual assaultHomicide * Murder *…

    • 10991 Words
    • 44 Pages
    Good Essays
  • Powerful Essays

    [ 8 ]. House of Commons, The Double Jeopardy Rule (The Third Report of the Home Affairs Select Committee 1999-2000) para 3…

    • 1269 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Dop V Morgan Essay

    • 2487 Words
    • 10 Pages

    He had informed them that his wife was kinky and would pretend to protest against the activity. All the men overcame the wives protests and resistance and without her consent they had sex with her. The men were convicted for rape and the husband was charged with aiding and abetting the rape. The men appealed this decisions and the court dismissed the appeal. The court held that an individual commits rape if at the time of the sexual intercourse the person knows that consent is not given or is reckless as to whether the complainant gave consent. The court reasoned that since rape is sexual intercourse without consent, the intention to commit the crime shows the defendant’s guilty state of mind. In such cases it is only essential to show that the accused had the requisite intent to commit the…

    • 2487 Words
    • 10 Pages
    Good Essays
  • Powerful Essays

    Defending lawyer: Objection! The murderer might be anybody the victim knew, not necessary his wife.…

    • 1096 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Good morning, members of the jury, court, and council. Many of you know the meaning behind the word crime. You all recognize that it is an action or omission that constitutes an offense. Some of you have may have seen a crime being committed and if not, certainly on the news. These crimes all have one similarity to them; most of them were intentional.…

    • 867 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Define Crime

    • 591 Words
    • 3 Pages

    Crime Is usually defined as whether the law has been broken which may lead to a punishment by the legal system however crime is hard to define because if the law or penal system did not exist than neither would the labelling of a behaviour or act as criminal or not.…

    • 591 Words
    • 3 Pages
    Good Essays