Elements Of Crime And The Murder Of Sarah May Ward

Overview:

On June 7th 2008, Sarah May Ward was arrested for the murder of Eli Westlake after she ran him over in a motor vehicle in St. Leonards. Prior to the incident the offender had been driving the wrong way down Christine Lane which was a one way street. Whilst this was occurring she was intoxicated, under the influence of marijuana, valium, and ecstasy and was unlicensed to drive. The victim and his brother who were also intoxicated, where walking down the lane and where nearly hit by the offender. This prompted the victim to throw cheese balls at the car and make a few sarcastic remarks regarding her driving ability. After a brief confrontation between the two parties the victim and his brother turned away and proceeded to walk down Lithgow Street. The offender followed the victim into the street and drove into him while he was crossing a driveway.

Elements of Crime:

Actus Reus: It was never unclear if the accused was responsible for the act occurring. There were several eye witness testimonies placing her as the offender which was backed up by CCTV footage from a camera in the lane. Furthermore, at the beginning of the trial the offender pleaded not guilty of murder but guilty of constructive manslaughter and that it was caused by reckless driving on her behalf. By claiming manslaughter the offender immediately takes full responsibility for the act regardless of what charge they are handed.

Mens Rea: After the altercation in Christine Lane, the offender could have gone one of two ways; Lithgow Street or the Pacific Highway. She could have turned onto the Pacific Highway which would have been the direction of her place of residence. Lithgow Street, where the incident occurred is nearly entirely used for the area where co...

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... The offenders’ rights to a fair trial were upheld under s 14 of the International Covenant on Civil and Political Rights (1980) which can be seen in that she had adequate time to prepare her defence (1 year, 8 months and 27 days) and that she had the right to presumed innocent until proven guilty. The offender also had adequate legal representation and didn’t require any legal aid.

Society: According to Article 3 of The Universal Declaration of Human Rights (1980), all people have the right to security of person and with offender in prison until 2027, society is safer to a certain extent. The victim had an extensive criminal history including stabbing her husband twice in the back in 2000, contravening domestic violence charges taken out by her husband in 2002 and a plethora of driving related charges dating back to 1989 ranging from DWI’s and driving unlicensed.