Anglio & Partners

London

SW1 3AA

6 th Feb 2018

Ms. Delia Schmiedin

DS Cookery 98

Anywhere street Cambridge CB3 1GH

Dear Ms. Delia

RE: LEGAL ADVICE REGARDING YOUR POTENTIAL CRIMINAL LIABILITY

Initial Considerations

There is no any simple definition of a crime that is universally accepted, though statutory definitions have been supplied for certain purposes. One of the most popular ideology is that a crime is a category which is produced by law that is, a crime something is considered a crime if the relevant and applicable law declares. Stephen (2014), posits that a crime or a criminal offense can be defined as an act that is not only harmful to some persons but also the society, community or the state. Such acts are not allowed and if found guilty a person can be punished by law.

A crime encompasses of both physical and mental element. Mens rea refers to a persons awareness of the point that his or her action is criminal. Mens rea is the element of wrongful purpose, a guilty mind or criminal intent or criminal responsibility, or the criminal intent. Common law crimes are often demarcated by statutes that encompass the mens rea requirement. As such, a typical law may necessitate that an individual acted purposely, knowingly or recklessly. On the other hand, actu actus reus refers to the physical acts that make up elements of the committed crime. As such,the actus reus of the crime must be present for a person to be convicted of a crime. Without the elements of actus reus then there was no crime. Actus reus entail of conduct, result, an omission, or state of affairs.

Legal Advice

As explained in the initial considerations, both the physical (actus rea) and the mental (mens rea) must be proved in the court of law for you and Mr JO to be charged with a crime. You should know that failure or omission to act generally carries no liabilities. However, there are exceptions to this rule. As a citizen you may have a duty arising from statute, and special relationship. Assumption of care, duty to avert danger of ones own making, official, contractual or public duties, and inability to offer medical treatment are exceptions to the omission act.

Legal causation may also be established before you are convicted of the crime. The prosecutors may apply the proximate cause rule. You could reason that if you did not receive the call, the fire would not have broken out. However, such argument may not be as strong as the legally liable origin lies with the one closest to the case.

Intention may also be established before you or Mr JO is convicted for a crime. Intention can be of two types, direct and oblique intent. The direct intent is linked to your aim or purpose as a defendant. On the other hand, oblique intent is where you as the offender did not wish for the outcomes but have the knowledge that they were certain to occur.