Question: Albert and Vicky liked to experiment sexually, so Vicky acquired a bondage kit that they could use at home. Albert put on a leather mask and, at his suggestion, Vicky tied his feet together tightly with a rope, causing him pain. He then helped her to suspend him upside down from the upstairs banister rail. Vicky then heard what sounded like a car crash in the street outside. Leaving Albert swinging, she ran out to see if she could help. When she returned to telephone for an ambulance, she found that Albert had had an attack of previously undiagnosed asthma and had suffocated.
Advise Vicky about her possible liability for homicide.
Answer: In order for a person to commit an alleged criminal act, both the mental element (mens rea) and the act (actus reus) have to be present at the time of the alleged commission thereof. It is the responsibility of the prosecution to prove that both elements existed in order for a person to be guilty of murder, one without the other element will not constitute a crime. With that taken into consideration, Albert and Vicky intended to have fun together and thereof they consent to what had transpired (whilst experimenting with a bondage kit). Due to the facts provided, Albert suggested to be tied tightly with a rope and to be suspended upside down which proves that through Albert’s consent, Vicky acted upon his approval thus holding her not liable for an unlawful act of murder. There was clearl......(short extract)
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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 1041 | References: Yes | Date written: Not available | Date submitted: January 01, 2012 | Coursework ID: 708
