Murder

Question 1

Gibbons and proctor

Answer 1

Father and mistress deliberately starved daughter nelly to death. Omission enough for ar of murder

Question 2

A-G reference (no 3 of 1994) (1997)

Answer 2

D stabbed gf who was 23 weeks pregnant caused her to give birth prematurely 7 weeks later. Baby born alive but died at 4 months as a result of premature birth. D acquitted. Hol stated this could be ar but offence was manslaughter as no mr for murder

Question 3

Re A

Answer 3

Hospital applied for declaration that it would be lawful to separate conjoined twins when parents refused. COA said it would be lawful used defence of necessity

Question 4

Beckford

Answer 4

D was PO in Jamaica investigated report of gunman. As d approached saw man running out shot and killed him claimed he believed his own life was in danger. Privy council quashed conviction as jury should have been allowed to consider whether d genuinely believed his own life was in danger

Question 5

Clegg

Answer 5

D soldier on checkpoint car came at speed fired 3 shots last one killed passenger could not use defence of self defence as last shot was shot after car had passed

Question 6

Martin (Anthony)

Answer 6

D shot 2 burglars who has broken into his farmhouse. D found guilty as shot them as they were leaving. Appealed as suffering from paranoid personality disorder COA rejected this as personality disorders cannot be taken into account when considering self defence

Question 7

Vickers

Answer 7

Broke into cellar of sweet shop knew owner was deaf old lady she saw him he hit her several times and kicked her once in head she died. COA upheld conviction mr is sufficient to inflict gbh

Question 8

Cunningham

Answer 8

D attached v in a pub with a chair and v died. HOL dismissed appeal as law firmly established intention to cause gbh is sufficient

Question 9

Moloney

Answer 9

d shot and killed step father in drunken challenge to see who was quicker to the draw. Held FOC only evidence from which intention can be inferred

Question 10

Nedrick

Answer 10

D poured paraffin through letterbox killed child. COA suggested 2 Qs how probable was the consequence which resulted from Ds voluntary act? Did the d foresee that consequence?

Question 11

Woollin

Answer 11

HOL disproved of nedricks Qs should use find instead of infer

Question 12

Inglis

Answer 12

D mother of v in fight fell out of ambulance. Told could lead independent life in future. Had depression d refused to believe this injected him with heroin but survived. Did it again and killed him conceived sentenced to 5 years. Have to impose life sentence for euthanasia

Question 13

Airedale NHS trust v bland

Answer 13

Bland suffocated in Hillsborough disaster left in persistent vegetive state did over 3 years. Hospital applied for permission to stop feeding him. If it’s in patients best interest to discontinue life support that is allowed. Doctors can’t do anything positive to kill patient

Question 14

R (on the application of Purdy) v DPP

Answer 14

Had ms wanted to know if husband would be prosecuted. Hol held dpp had to issue guidance. Apply rest of whether it is in the public interest to prosecute

Question 15

R (on application of nicklinson and lamb) v ministry of justice and r (on the application of m) v DPP

Answer 15

Nicklinson and lamb too disabled to commit suicide with assistance. Said necessity defence should apply to voluntary euthanasia this was rejected. M wanted to go to voluntary euthanasia clinic. Although clarity for family and friends none for anyone with no emotional ties. COA said not enough for DPP to merely list factors they will take into account