Saturday, November 2, 2019
Criminal law Coursework Example | Topics and Well Written Essays - 750 words
Criminal law - Coursework Example Sally complies and provides information. Denise, using this information, robs Victoria and also accidently fires a gun shot on her shoulder. This paper will discuss the liabilities and defence for both the defendants- Denise and Sally. It is clear that Denise knowingly went to rob Victoria. She had the attention to rob Victoria and had gained the necessary information from Sally to commit the crime. Denise was self-motivated. Robbery is taking money or goods forcefully from a person without the owners consent in his presence1. Denise is guilty of this charge. Moreover, Denise also went to the alley carrying a gun. The gun was loaded and Denise pointed it at Victoria while committing the robbery. This constitutes as violence. In this case, Denise cannot avoid being charged with armed robbery and violence. She would have to plead guilty of this charge. During their encounter, Denise fired a gunshot at Victoria which struck her on the shoulder and wounded her. Thus, Denise would also be charged for carrying and using an offensive weapon. For this, Denise is liable to being sentenced to prison. Denise could use the defence that she had no intention of wounding Victoria. The gunshot wound was not premeditated and was not intentional. Even though, Denise would still be charged for robbery and also wounding Victoria, she may be able reduce her sentence when she pleads guilty of robbery and unintentional weapon discharge. Sally is an accessory to the crime. An accessory to the crime is a person who is not the chief actor the felony or present at the time of the felony but rather helped commit the felony in a certain capacity. In this case, Sally is an accessory before the fact. An accessory before the fact is someone who helps or commands the chief actor of the felony before the felony is committed. The accessory to the fact either aids or encourages the principal to commit the crime. Sally was aware that Denise was going to use the information to
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