BPP CRIMINAL LAW: MURDER EXAM WITH GUARANTEED ACCURATE ANSWERS
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BPP CRIMINAL LAW: MURDER
Institution
BPP CRIMINAL LAW: MURDER
Actus Reus - ACCURATE ANSWERS The unlawful killing of a reasonable being who is under the Queens peace.
Unlawful - ACCURATE ANSWERS It must fall into one these categories to be lawful
i. Killing enemy soldiers in battle
ii. advancement of justice (for example death penalty)
iii. Self-defenc...
BPP CRIMINAL LAW: MURDER EXAM
BPP CRIMINAL LAW: MURDER EXAM WITH GUARANTEED ACCURATE ANSWERS
Actus Reus - ACCURATE ANSWERS✔✔ The unlawful killing of a
reasonable being who is under the Queens peace.
Unlawful - ACCURATE ANSWERS✔✔ It must fall into one these
categories to be lawful
i. Killing enemy soldiers in battle
ii. advancement of justice (for example death penalty)
iii. Self-defence ( this must be reasonable and necessary for the
protection of self, others or property)
,Killing - ACCURATE ANSWERS✔✔ This requires that the defendant
caused the death of the victim. This informs us that we are dealing with
the result of the crime.
a reasonable person in being - ACCURATE ANSWERS✔✔ The
homocide must be done on a human being. The person must be born
alive, made clear in R v Poulton or AG- Ref (No 3 of 1994) but R v
Reeves even if the child's umbilical cord is not cut and the child is out of
the Mother's womb then the child is alive.
under the Queen's peace - ACCURATE ANSWERS✔✔ the only killing
excluded from this are those done in the course of war.
Causation - ACCURATE ANSWERS✔✔ Two kinds must be satisfied
i. Factual Causation
ii. Legal Causation
Factual Causation - ACCURATE ANSWERS✔✔ But for the act or
omissions of the accused the relevant consequence would not have
occurred the way that it did.
R v White - ACCURATE ANSWERS✔✔ W put poison in his mothers
drink, she was found dead. It was clear from the evidence that she had
drunk any liquid from the glass. Medical evidence showed that she died
from a heart failure, not from the poisoning. W was therefore acquitted
of murder. There was no causal link between the consequence and his
act.
, Legal Causation - ACCURATE ANSWERS✔✔ The law requires that
the defendant is the operating and the substantial cause of the prohibited
consequence. R v Pagett and R v Cheshire.
The consequence must be caused by he defendant's culpable act. -
ACCURATE ANSWERS✔✔ R v Dalloway: defendant was driving a
horse and cart without holding the reins. A child ran in front of the cart
and was killed. On evidence it appeared that even if he had been holding
the reins he would not have been able to stop the cart in time. He was
therefore acquitted of manslaughter.
R v Marchant: Motorcyclist who was killed when he was impelled on
the front forks of a hay-bale tractor. It was held that even if the tractor
driver had cover the spikes as he was meant he would still have been
killed anyway.
The defendant's act need not be the only cause of the prohibited
consequence - ACCURATE ANSWERS✔✔ R v Benge: a defendant can
still be liable even if other causes were present. It must be shown that
defendant negligence was a main/substantial cause of the consequence.
The defendant's act must be the 'substantial' cause of the prohibited
harm. - ACCURATE ANSWERS✔✔ R v Cato: This does not have to be
really serious but it must be an act or Omission that is not a trifling one.
Also in R v Malcherek and Steel
R v Pagett: Robert Goff LJ said that the accused's act need not be the
sole cause, or even the main cause of the victims death, his act must
have contributed significantly to that result.
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