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In assessing a defendant's liability for an offence.
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W200 TMA 04 Word count 1239 In assessing a defendant's liability for an offence, it is not his own standards which matter but those of the average person. If a defendant meets those standards he cannot be convicted of a criminal offence; if he fails to meet them, he is criminally liable. Discuss to what extent this is an accurate reflection of the criminal law. When do you think it is appropriate to assess a defendant's liability with reference to the standards of the average person? In criminal law in the UK, there are two essential elements of criminal liability, the actus reus, the physical element of the crime, which is the unlawful act or omission itself, without which there would be no crime. This is coupled with the second element, the mens rea, the mental or fault element, this can either be the intention or recklessness behind the act. The prosecution in criminal...
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