1B - Murder - Case List

Question 1

Omissions - contractual duty

Answer 1

R v Pittwood

Question 2

Omissions - duty due to a relationship

Answer 2

R v Gibbins and Proctor

Question 3

Omissions - the creation or contribution to a dangerous situation

Answer 3

R v Miller

Question 4

AG Ref No.3 of 1994 - 1997

Answer 4

to be held as a person in being they must have taken their first breath, independent of the mother, so a foetus isn’t a person in being

Question 5

R v Malcherek and Steel

Answer 5

If a person’s brain stem is dead they are not a human being

Question 6

Factual causation

Answer 6

White and Pagett

Question 7

Legal causation

Answer 7

More than the minimal cause - Kimsey
Operating and substantial cause - Smith
No intervening act

Question 8

Breaking the chain of causation

Answer 8

• bad medical treatment - Jordan
• V’s own actions were reasonable - Roberts
• thin skull rule - Blaue

Question 9

Which case shows someone can be guilty of murder even if they didn’t intend to kill?

Answer 9

Vickers

Cunningham

Question 10

Intention to kill or cause GBH isn’t necessary unless the jury feels that death or serious injury was ‘virtually certain’ as a result of the D’s actions and D realised this

Answer 10

Woolin test
Maloney
Nedrick

Question 11

Transferred malice

Answer 11

Mitchell

Latimer

Question 12

contemporaneity rule - continuing act

Answer 12

Fagan

Question 13

contemporaneity rule - series of acts

Answer 13

Thabo Meli