Murder

Question 1

I

Answer 1

D may be liable for murder

Question 2

D

Answer 2

The definition of murder is the unlawful killing of a human being with the intention to kill or cause GBH

Question 3

E

Answer 3

It must be established that the D’s actions were the factual and legal cause of the v’s death

Factual causation uses the but for test but fake the D’s actions would the result have happened anyway (WHITE)

Question 4

A

Answer 4

Apply

Question 5

E

Answer 5

Legal causation asks was a d a significant contribution to the death meaning was the d more than a slight or trifling link to the result (KIMSEY)

Question 6

Apply relevant issues to the scenario

Answer 6

-v’s own actions/escape attempt(ROBERT’S) no break if the v’s actions are reasonable and foreseeable

• bad medical treatment (Cheshire) no break is original injuries are still an operating and substantial cause to the result
• v doesn’t seek treatment (Holland) no break as v under no legal obligation to seek medical help
• acts of third party (Padgett) no break as long as the d has made a contribution as a result
• life support (Malcherick & steel) no break in chain
• thin skull rule(Blaue) no break because the d must take the v as they find them

Question 7

E

Answer 7

The men’s rea of murder he the intention to kill or cause GBH

• if the d intended to kill = direct intent - it was D’s aim purpose and desire to kill the v (MOHAN)
• if the d intended to cause GBH = indirect intent - apply the virtual certainty test (Woolin)
  1) was death or serious injury a virtual certainty as a result of the d’s actions (objective)
  2) did the d realize this (subjective)

Question 8

A

Answer 8

Apply