Legal Problem Essay Example | Topics and Well Written Essays - 750 words

Legal Problem - Essay Example How would your answer differ if:- (a) Arnold submitted that he knew the route so well that in his view he had eliminated as much risk as possible by his actions? (b) you were informed that Arnold was employed by Great Northern Railways and that he had worked an 80 hour shift that week? â€Å"(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. The shade that has been destroyed by Bhopindar’s action constitutes certain amount of criminal liability on his part, as his action includes the elements of recklessness. The English Law has classified into two parts, namely, Subjective Recklessness and Objective Recklessness. Recklessness is also referred to as Intention Acts, which is often described in legal terminology as â€Å"extreme carelessness regarding an obvious defect or problem.† (Stewart, Warner, Portman, 2008, p. 228) Now such acts of â€Å"extreme carelessness†, according to jurisprudential rational, incorporates intention of an individual to commit such act and such element of intentional commission of reckless act are specified in legal terminology as mens rea. Paul Bergman, Sara J. Berman, Sara J. Berman-Barrett explains mens rea as, â€Å"Mens rea is Latin for â€Å"guilty mind†. The mens rea concept expresses a belief that people should be punished †¦ only when they have acted w ith an intent or purpose that makes them morally blameworthy.† (Bergman, Berman, Berman-Barrett, 2008, p. 253) Comparing the situation of both Bhopindar and Arnold it is not tough to understand that in Arnold’s case presence of mens rea is quite explicit whereas it is clear from Bhopindar’s action that he was almost ignorant about the possibility of happening of such