A-Level Law in Action Essay Example | Topics and Well Written Essays - 1250 words

A-Level Law in Action - Essay Example For instance, in R v Steane, the accused lent his services to the enemy, in order to protect his family from harm. Consequently, his conviction was set aside6. Â  On the other hand, indirect or oblique intent arises when the accused can foresee the outcome, as being highly probable, and the accused does not desire that outcome. In Hyam v DPP, the accused’s intention had been to terrify the victim and not to cause her death, when he set fire to her house. Their Lordships upheld the conviction for murder, as the accused could anticipate that his actions could result in death or grievous bodily harm7. Â  In the present problem, Bob with the intention of killing Alice exploded a petrol bomb. As a consequence, Alice lost her life. Bob caused her death intentionally.This constitutes, the crime of murder, and Bob will be accordingly held liable. Â  In Goodfellow, the accused was convicted of constructive manslaughter, for having caused the death of his family, while attempting to set his house on fire. It is important to note that he had no intention of causing the death of his family8. Â  Bob had claimed that it was not his intention to cause harm to anyone other than his wife, Alice. This is untenable, on account of the doctrine of transferred malice. The letter states that if an individual has the Mens rea to commit a specific offense against a particular person, and if that crime had been committed by that individual against some other person, then the Mens rea is transferred to the actual victim. This is borne out by the decision in R v Mitchell, wherein the accused had caused the death of an old woman, by striking an old man who fell on that old woman. The latter died subsequently, due to the complications that had arisen in her treatment.