CRIM MCQ- TOPIC 1 THE STRUCTURE OF CRIM OFFENCES

Question 1

Prima facie meaning

Question 2

Aspects needed for murder

Answer 2

Intending to cause death or grievous bodily harm
Intending to cause grievous bodily harm
Causing the victim’s death

Question 3

Intention to cause death or gbh

Answer 3

Intention should be given its ordinary meaning by a jury, but if the judge sees fit she can also direct the jury that they may find intention if:
1=they are convinced the defendant had foresight of death or GBH as virtually certain,
2=AND the outcome was virtually certain to occur

Question 4

sources for intention=

Answer 4

R v Moloney [1985] AC 905 (HL)
R v Woollin [1999] AC 82 (HL)

Question 5

intending to cause GBH meaning

Answer 5

GBH means ‘really serious harm’

Question 6

source for this

Answer 6

DPP v Smith [1961] AC 290 (HL)

Question 7

causing the victims death

Answer 7

To prove the defendant caused the victim’s death, it must be shown that she was both a factual and legal cause of the death.

Question 8

source for this

Answer 8

Kennedy (No 2) [2007] UKHL 38

Question 9

criminal causation

Answer 9

A defendant (D) must be shown to be the factual cause of the death – i.e. without D’s actions, V would not have died.
But, in addition, D must also constitute a legal or “operating and significant” cause (the law says “significant” = more than minimal)
Moreover, where V’s own actions are also a factual cause, and also operating and significant legal cause of V’s death, those actions will break D’s chain of causal responsibility if:
V’s actions constitute a “free, deliberate and informed” intervention
AND render D’s past contribution no longer operating and substantial
Today’s current leading cases: Kennedy (No 2) [2007] UKHL 38 and Wallace (Berlinah) [2018] EWCA Crim 690 (CA)