An Analysis of circumstances

An Analysis of circumstances Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . An analysis of circumstances Every offence require proof of the actus reus and mens rea. The question is focus on actus reus. There’re three categories which are under actus reus. Those are positive act, voluntary act and causation. The general rule is that every offence must be committed by way of a positive act. The basis of this requirement is that a person should only be found guilty for something which they actually did and not something which they fail to do. This would be in lie with the principle of responsibility. However, as stated in the question, there’re circumstances where a person can be found guilty in relation to a failure to act. The basis justification for such liability is because the defendant had a duty to act and failed in that duty. Whether such liability is in fact justified, will be discuss as follows. The first circumstance of ommission liability is that imposed under statute.Statutory duty are largely regulatory in nature as they’re enacted by the law.There are numerous examples of the courts’ construction of words to include liability for omission. In R v Sharma, a conviction for falsifying a document required for an accounting purpose contrary to the Theft Act 1968, s 17(1)(a), was upheld where the defendent omitted entirely to fill in a form which it was his duty to complete. Similarly,in R v Firth, a doctor was held to have deceived a hospital contrary to the Theft Act 1978, s 2(1) by failing to inform the hospital that certain patients were private patients. In each of the cases, liability was imposed on the defendant in relation to a failure to act in accordance with a duty which was provided for by the law. One is of the opinion that imposition of omission liability in relation to a breach of statutory duty is justify because the duty is imposed by enacted and particularly if the legislator is being guided by the principle of minimal criminalisation, these duties would only be required in order t o ensure and protect a minimal standard of public well-being and safety which is of paramount importance particularly as statutory duties are in essence regulatory. The second instance of a failure to act that can constitute the actus reus of an offence is the duties of law enforcement. It is stated that any member of law enforcement has the duty to preserve the peace and to protect the public. An example of offence of pure omission are also to be found in Dytham (1979) QB 722; a police officer was held to be guilty of a common law misdemeanour when, without justification or excuse, he failed to perform his duty to preserve the Queen’s peace by protecting a citizen who was abeing kicked to death. Likewise, in Brown (1841) Car The defendant was a normal citizen who is found guilty of an offence when he fails to respond to a constable’s call for assistance in keeping the peace. In one point’s of view, it’s court decision is reasonable in Dytham because the police officer is obling to his duty eventhough when he’s off-duty, and more importantly the incident happen during his working hours. However, one may not agree with the decision in Brown’s case because the policeman cannot assume that when a normal citizen or if the old man who’s at the scene has the phsycal ability or mental strength to stop a riot, will abet in the riot. In other words, the decision that the citizen has to make at the moment claims to be too wide as it fails to take account whether the defendant has the capacity to appreciate the risk.

The Cinematic Auteurist Essay Example | Topics and Well Written Essays - 500 words

The Cinematic Auteurist - Essay Example Some of the major arguments against auteur theory are that the theory is not applied across wide range of film artists and is often confined to the creative inputs of directors. People also believe that it also gives undue credit to the directors when they are supposed to transform the script into films. As directors are supposed to make films as per the script, the originality factor of directors is meaningless. In the contemporary times, auteur theory significantly impacts the marketing of films not only in Hollywood but throughout the world. The personal style of the directors is used as a market statement for advertising the film across all formats of media. The popularity of the directors therefore becomes the key element within the market strategy of the films. The eminence of director and his creative inputs to the scripts give huge credibility to the film and help to market it with success. Hence, auteur theory helps provide the genre of the film with new dimension of interpr etation through the eyes of the director’s creativity. Auteur theory also affects the way that films are analyzed by critics and audiences. The scripts with common themes and issues become stupendous success as films because of the way the issues are treated within the wider scope of film making. The director as main anchor, helps to visualize the thematic portray in a highly sensitive way which gives a unique perspective to the otherwise common issue. Hitchcock films and films by Steven Spielberg have created their own niche market because they have successfully transformed common themes into work of art. Thus, individual contributions of directors often become important part of film success which the critics use to analyze the films.

Response Essay Example | Topics and Well Written Essays - 250 words - 22

Response - Essay Example Others like watching television for lengthy periods and spend a lot of time talking about it with their friends at school. From my expectations, I expected to see a full time commitment. On the other hand, the other thing that I did not expect to see is some form of discrimination against my friend and I. Although this did not bother me much, I expected to experience fairness and equal treatment of individuals. I came to find out that it was because of my race. Moreover, partying is a central part of the Boston students, which interrupts most of the students’ learning activities. However, in spite of that, the tutors are good to my friend and me. If we seek any type of clarification, the teachers are ready to assist. This makes learning easier for us and has given us the appropriate morale. Although there are some unfavorable situations, we will concentrate with our studies because it was like that when we got