How Does Malik Acted Recklessly

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There are many pertinent issues that have been pointed out in this scenario, which could be regarded as liability in Criminal Damage and Offenses against person. On the whole the whole scenario pertains to the improper actions by Malik and his failure to act. In summary these issues are:

• Has Malik Acted recklessly?
• Did Malik omit to fulfill the Duty Imposed by law ?
• Has Malik intended to cause GBH/ Wound?
• Has Malik caused GBH?

Has Malik acted recklessly?

In order to establish criminal liability a thorough analysis has to be made to the scenario so as to find the Actus reus and Mens Rea. Actus Reus is a guilty act whereas Mens Rea is a guilty state of mind. A point of actus reus can be found since flicking a cigarette is a guilty …show more content…

Taking into the consideration the case of RVG , here Malik left without trying to put off the fire. It is important to point out whether or not Malik was the cause of the fire. Applying the ''but for test'', ''but for'' Maliks act, would the result have occurred? The answer is no. Therefore Malik may be liable.

However people who are responsible for creating dangerous situations are under a duty to end that danger when they become aware of it. The question to be asked is that whether Malik's omission caused the harm? Applying the case of R V Miller , here Malik has failed to take any steps which was within his power to extinguish the fire and his omission has given rise to a chain of events, the fire spread to the club, endangering many lives.

Taking the Criminal Damage Act into consideration, Malik may be liable under section 1(1) of the Criminal Damage Act for destroy the property which belong to another person. He may also be charged for arson within section 1(3) of the Criminal Damage Act for having committed an offense by destroying property by fire. Applying the case of R v Caldwell , here It can also be seen that his abdication of taking reasonable precautions to ensure the safety of other has ended into endangering many lives.

Therefore he may be liable under section 1 (2) (b) of the Criminal Damage Act …show more content…

In order to establish Grievous Bodily Harm, a clear distinction should be made between the actus reus and mens rea in the aforementioned issue.Where on one hand the actus reus is GBH/ Wound, on the other hand the Mens Rea is intention to cause GBH. However to apply intention there has to be a high degree of fault.
Applying the case of DPP V Smith ,Malik as a reasonable person should have pondered upon the possible harm that could have occurred.It can be seen that Malik deliberately lunged the broken bottle at Gavin which caused the latter bodily harm. Further applying the case of R V Mohan , it can be observed that a direct intent was contemplated on Malik's part to cause such a bodily harm. Thus Malik may be liable under the Section 18 of the Offenses Against Person Act 1961 for having wounded Gavin through the bottle which sliced deep into his cheek.Also Malik tried to resist arrest by assaulting Gavin since the latter said that he was calling the police.

From the aforementioned liabilities it can be perceived that Malik has caused many offenses and criminal acts where he had a guilty mind and committed guilty actions.He can be liable for many of his actions as discussed above. Thus it is on the Jury discretion to decide the

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