Why Is Baldwin Responsible For Murder?

800 Words2 Pages

For an offence to occur, three elements need to be present. This includes a defendant’s guilty conduct, known as actus rea, a defendant’s state of mind being guilty and no valid defence. In this case scenario, the potential issue is whether Baldwin may face liability for the death of Hutchins as a result of the shooting during the filming of Rust. As mentioned before, we must analyse the elements of an offence in order to conclude this issue. It could be argued that Baldwin's actions had indirect intent and were not reckless. The case of Cunningham set out that to respond to recklessness, the defendant must be fully aware of the risk that will occur if they follow the action and still decide to in consciousness to follow it. However, in the …show more content…

It would be reasonable to conclude that Baldwin is not legally responsible for the death of Hutchin, as there was no intent on his behalf for the death to happen. Although the actus reus was met to be an offence, the two elements (actus reus and mens rea) must be met if this is not the case. b) To determine the legal responsibility of the cause of death, causation should be approached, and it includes a direct link between the death and Baldwin's action. The case of R v Smith, which requires the defendant's act to be a considerable cause of the outcome, is relevant here as Baldwin's action was the reason for Hutchin’s passing and thus the doctrine of causation is established. However, the case of Cunningham established that recklessness is all that is needed for mens rea in certain circumstances. The act of pulling the trigger in this instance was not reckless as D did not foresee the outcome of that action. However, the fault revolves around the people in charge who were supposed to complete thorough checks on the gun before the object was used on set for safety. However, others may argue that Baldwin may be at fault due to gross negligence, as Baldwin failed to give the standard of care that is

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