chapter 2- murder

Question 1

R v Gibbins and Proctor

Answer 1

-Ds starved the fathers 7 year old to death
-Father had duty of care so the omission established the actus reus
-Mistress was also under a duty as she had undertaken to look after the child so also omitted
(actus reus of murder= act or omission)

Question 2

R v Vickers

Answer 2

-D tried to rob an old ladies shop
-D hit lady on head many times
-She died
-He was convicted of murder
-CofA upheld as the d had implied malice a forethought
-This was confirmed in Cunningham
(mens rea of murder)

Question 3

Gnango

Answer 3

-2 men shot each other, accidentally hitting a passerby
-She died
-Gnango convicted of murder
-Although it was quashed the Supreme Court reinstated it
(Transferred malice)