This essay will, in relation to the problem scenario, look at the necessary mens rea and actus reus of offences such as drunk and disorderly conduct, section 39 of the criminal justice Act 1988, section 20 GBH and gross negligence manslaughter. It will al

Authors Avatar

This essay will, in relation to the problem scenario, look at the necessary mens rea and actus reus of offences such as drunk and disorderly conduct, section 39 of the criminal justice Act 1988, section 20 GBH and gross negligence manslaughter. It will also consider the appropriate defences that the defendants may use such as.... Each offence, if carried out by different individuals would be held on trial in different courts, which will also be considered in this essay as well as the possible judgement that the courts may make for Charlie and the police officers offences.

By Charlie being voluntarily intoxicated and present in a public place, he is committing an offence against public order under the 1872 Licensing Act. Under this Act it clearly identifies that ‘[e]very person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be liable to a penalty...’ as witnessed in Winzar v Chief constable of Kent (1983). Here the police were called to remove the defendant, a drunk, from a hospital corridor. He was then placed on the hospital forecourt where he was charged and convicted with being found drunk in a public place. The court held that it was enough to show that D had been present in a public area and was perceived to be drunk. It did not matter that his presence in the public area was momentary and against his will. Therefore Charlie is also likely to be tried in a similar manner. However, having being intoxicated means that Charlie does not have the mens rea to be guilty of a particular crime which requires a specific intention, where ones mens rea goes beyond the actus reus. However he may be guilty of a crime which requires basic intent, as he does not have to have foreseen any consequence, or harm, beyond that laid down in the definition of the actus reus.  For being drunk and disorderly in a public area, typically the  will, depending on the circumstances, help the intoxicated person on their way or place the person in a police station cell until sober. Once fit to be dealt with the detained person will normally either be cautioned, be issued with a  or bailed to appear at the Magistrates court. The court in turn may issue a fine.

Join now!

Charlie’s action of throwing the stone may have led him to commit the summary offence of common assault as stated in section 39 of the criminal justice act 1988 rather than battery as he acted intentionally, calculating in his mind to cause fear in the mind of his ex-girlfriend without physical contact as seen in Venna (1975) 3 AER 788. Had he physically contacted his ex-girlfriend Charlie would in all probabilities have been held for battery rather than common assault. However, Charlie’s intentions can be questioned due to his intoxication, as perhaps it can be said that he acted ...

This is a preview of the whole essay