Assignment 2 - Intro to Criminal Law.docx

Assignment 2 - Intro to Criminal Law.docx - Lashanda Mackey...

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Lashanda Mackey 314100451 Introduction to Criminal Law – Assignment 2 Johnson and Robinson, armed with knives, broke into an apartment about 12:30 pm, thinking that the occupants Mrs. and Mrs. James were away at work, with intent to commit robbery. Christian, was sitting in a parked car outside waiting for Johnson and Robinson as he had driven them to the scene. Unknown to Johnson and Robinson, it was the James’ 10 th wedding anniversary and they decided to stay home. During the rummaging of the house downstairs, the robbers were surprised by Mr. James. While Johnson held the wife, Robinson stabbed the husband. The wife was slashed as the two left the apartment. They jumped in the car and Christian sped away. The husband died of his wounds and the three were charged with his murder contrary to common law and with wounding the wife contrary to section 11 of the Trinidad and Tobago Offences against the Persons Act. Advise Christian, Johnson and Robinson as to their liabilities. FACTS As stated above. ISSUES 1. Whether a secondary party is criminally liable for acts committed by the primary offender if the crime was foreseen by him as a possible incident of the criminal unlawful exercise? 2. Whether the three defendants can be liable under the principle of Joint Enterprise? LAW
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Lashanda Mackey 314100451 Introduction to Criminal Law – Assignment 2 1. Foresight that the principal might commit the offence charged was not to be equated with intent to assist. 2. Where two or more persons embark on a joint enterprise each is liable for the unusual consequences if they arise from the execution of the agreed joint enterprise. APPLICATION 1. In order for a person to be convicted of criminal liability, it must be proven that the accused acted with criminal intent, as opposed to acting accidentally. The prosecutor must prove that the accused harbored criminal intent also known as mens rea. In the present case, all three men harbored criminal intent. Johnson and Robinson broke into the James’ residence with the intent to commit robbery. The robbery did not go as planned and Mr. James was stabbed to death, while Mrs. James was slashed as a result of this.
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  • Spring '17
  • Adrian Lennon
  • Law, CASESTUDY, criminal law, theft, Criminallaw, Lashanda Mackey, Hirsi

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