Discuss whether alphonso criminally liable for vidal death


Assignment Task: Essential Elements of a Crime - Actus reus usually depends on proof of a voluntary act or an omission. Mens rea is also required for criminal liability.

Scenario 1: Alphonso believed that Francine, a work colleague had stolen his wallet. Alphonso saw Francine at the local supermarket, approached her and said, 'lying thief'. Alphonso aims a punch at her head, but Francine dodges out of the way and Alphonso hits Vidal who was standing behind Francine. Vidal's injury is not serious, but he needs stitches. On his way home Vidal trips up a kerb opening his wounds further, making the bleeding worse. Susan Vidal's neighbour sees Vidal on the floor in pain but rushes past as she is late for work. Vidal is later discovered there by his wife Norma who calls the ambulance. Vidal refuses to give consent to being given an emergency blood transfusion because of his religious beliefs and dies.

Refer to the Scenario 1 when answering the following questions:

In respect of Alphonso, define the rules on causation and the egg shell skull rule. Discuss whether Alphonso is criminally liable for Vidal's death. (AC 1.1) (AC 2.1)

In respect of Susan, identify the rules on omissions and if there could be criminal liability for an omission(AC1.1)

Cite examples and legal authority in support of your explanations.

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