Is the current law on murder still acceptable Assignment

Is the current law on murder still acceptable - Assignment Example It is more than any rule that is practiced or any law but it’s a complete process of legal frame work. England inherited the law of Wales, therefore when talking about the English Legal System we refer to Wales’s as well. The English Legal system is based on the common law where the judges can carry on the law themselves and the decisions from the previous cases and be made as a part of law. (Gillespie, 2007) The legal system of England and Wales is based on the common law legal system used I Republic of England and in most common wealth countries. United Kingdom is the member of the European Union, England and Wales are constituent countries of the UK. The essence of common law is that it is the judges sitting in courts applying the Law of England. 1.1 CRIMINAL LIABILITY OF A DEFENDENT ACCUSED OF MURDER As explained by Catherine Elliot and Frances Quin in the first chapter (Elliot & Quin, 2012) there are various elements necessary to prove the criminal liability of a m urder. A criminal offence is only possible when both â€Å"Actus reus† and â€Å"Mens rea† are conducted at a time. ... As stated in the English law that a person is innocent until proven guilty. ACTUS REAUS + MENS REA = CRIMINAL OFFENCE (the above diagram shows the elements of criminal offence) In the case of Woolmington v DPP (1935) the defendant had taken a gun to threat his wife (the victim of the case), that he would commit suicide if she didn’t return to him, accidently the gun went off and he was convicted of murder. Hence, it is concluded from this case that although he did it by accident but the murderer had done a criminal offence, with a guilty mind. (Roe D, 2005) 1.2 ACTUS REUS To begin with the study of any case, firstly it is necessary to prove the criminal offence. As talked about it earlier a criminal offence is a compound of both intention and action to commit the crime. Actus reus is the first element of a criminal offence. Briefly and in simple words it means intent, the intention to commit offence. The term is a Latin word meaning ‘the guilty act’. The literal m eaning explains that it is important that a physical action or movement takes place. In the case of R  v Cunningham  (1982), the victim was attacked by the defendant wrongly assuming that victim has sexual relation with his fiance. The defendant repeatedly hit the victim in his head, causing fracture and severe injuries resulting in death in a week. Although the defendant claimed that law of murder should be held to those who intent to do kill but unfortunately the decision was given against the defendant. 1.2.1 IMPORTANCE The concept of Actus reus has been derived from English common law. The principal of this concept is the application of both the elements of criminal offence to call it a criminal act. Any act that is carried on with the intention to harm anyone becomes a criminal act. In the