John and Gill Case Study - Criminal Law Assignment Help

Assignment Task:

John and Gill Case Study:

As per the case study, John and Gill were neighbours and they used to fight on playing loud music by Gill. Her attitude was quite rude and annoying. Gill purchased a new stereo system with a giant subwoofer. She did so to irritate John and spoil his sleep. John planned to enter her house after going for work and destroy the stereo with a big hammer. But Gill saw him in her house and thought that he is going to kill her. In that impression, she pushed him and fall down from the stairs and instantly he died due to some head injuries.

John committed the offence of housebreaking and destroying Gill’s property. He entered into her house without her permission. He shall liable for committing the offence of Housebreaking and also damaged her property. But he won't have any mal intention to kill Gill and resolve the matter. He just wanted to give her a lesson so that she won’t irritate him and play loud music.

For determination of culpability for an offence, one should analyze these factors which are as follows:-

1. Mens Rea:- Mens Rea is a Latin proverb which means Guilty mind. It is very tough to ascertain the motive embedded in one’s mind but one can be held liable if another party proves the guilty intention for committing any act. There is a famous Latin maxim: “Actus reus non facit reum nisi mens sit rea.” ‘Which means that an act doesn't make a person guilty without a guilty mind.’ So it is quite important to ascertain the guilty mind of the offender to commit a wrong act. Then after, he can be liable for committing the offence. 
2. Motive:- Motive is the first stage of committing a crime. The motive is important to hold liable for the offence. A motive is deep into the mind of the offender. In case of circumstantial shreds of evidence, Motive should be having nexus with the act. The complete act should correlate with the motive of the criminal. 
3. Preparation:- Preparation is the next step of the crime. A criminal prepare the blueprint to accomplish his goal according to the motive. He makes the plan according to his motive and goals. Although this stage of crime is not punishable in some case, it is specifically declared punishable. I.e. waging war against the government and preparation for dacoity.
4. Intention:- Intention is an essential factor to ascertain the culpability of an offence. The intention is an important element in the criminal code. Every offence, the court ascertain the level of mal intention present in the case and according to the degree of intention, The criminal is punished.
5. An Act:- Act is important to complete the stages of an offence. One has to perform some act which is punishable under the penal code. Then such an act shall be punishable and give the criminal imprisonment and fine according to the relevant provision. The legislatures decided the degree of imprisonment and fine according to the level of intention and act.

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