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Congratulations for completing your AS in Law!. On a post it please write down 1 thing you have liked and 1 thing you have disliked/found difficult during AS Law. Who are you?. Exam Feedback.
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Congratulations for completing your AS in Law! On a post it please write down 1 thing you have liked and 1 thing you have disliked/found difficult during AS Law.
Exam Feedback I have prepared a personalised exam feedback sheet for each of you highlighting your individual strengths and weaknesses in the Unit 2 exam. Read through and look at the attached examiners report. Keep this safe as some of you may be retaking this unit.
Recap on what we will be studying this year. January Exam: Unit 3 Murder and Voluntary Manslaughter Involuntary Manslaughter Non-Fatal Offences against the person Defences June Exam: Unit 4 Offences against property Concept of Law
Target Setting It is vital that you do all you can to be successful this year. Identify 2 personal targets for you to meet by half term which will help you maximise your success on this course. Remember your targets must be: Specific Measurable Achievable Realistic Timed
What do you remember? Complete the cloze passage, use the cards if you get stuck
Murder Learning Objectives To recall definition of Murder Explain the Actus Reus of the offence of murder To apply the law to a case study
Elements of the offence of Murder 2. REASONABLE CREATURE IN BEING UNLAWFUL KILLING Some killings are ‘lawful’ but are covered by other sections of murder eg. Defences (Necessity), Elements (War) . Write down in the boxes the 4 elements of murder MURDER Common law offence ”The unlawful killing of a reasonable creature in being and under the Kings (or Queen’s) peace with malice aforethought, express or implied” 4. MALICE AFORETHOUGHT. 3. PEACE .
Unlawful Killing OMMISSION TO ACT. General rule is that an omission can’t make a person guilty of an offence ACT EG. . EXCEPTIONS DUTY TO ACT CHAIN OF EVENTS CONTRACT RELATIONSHIP VOLUNTARY Can you remember any cases that illustrate these areas?
Pittwood (1902) Railway keeper failed to shut gate of crossing when train was due. Person crossing line was struck and killed by train Gibbons & Proctor (1918) Father and Partner deliberately starved daughter to death Stone & Dobinson (1977) Stone’s elderly sister lived with defendants. She stopped eating became bedridden and eventually died of malnutrition. Dobinson helped wash and occasionally prepared her food Miller (1983) Miller was living in a squat feel asleep while smoking. Mattress caught fire he woke up didn’t attempt to put out fire but went into another room to go back to sleep.
Unlawful Killing OMMISSION TO ACT. General rule is that an omission can’t make a person guilty of an offence ACT EG. . EXCEPTIONS DUTY TO ACT CHAIN OF EVENTS CONTRACT Pittwood (1902) Railway keeper failed to shut gate of crossing when train was due. Person crossing line was struck and killed by train Miller (1983) Miller was living in a squat feel asleep while smoking. Mattress caught fire he woke up didn’t attempt to put out fire but went into another room to go back to sleep. RELATIONSHIP VOLUNTARY Gibbons & Proctor (1918) Father and Partner deliberately starved daughter to death Stone & Dobinson (1977) Stone’s elderly sister lived with defendants. She stopped eating became bedridden and eventually died of malnutrition. Dobinson helped wash and occasionally prepared her food
Reasonable Creature in Being Brain Dead Is victim alive if they are ‘brain dead’ and being kept alive by a machine? FOETUS Is Foetus in womb a RCIB? . No, must have independent existence from mother. No, switching off life support machine does not break causal link Att Gen ref (No3 of 1994) 1997 D stabbed gfriend causing premature birth at 30 weeks. Baby died because of prem birth. “Violence towards a foetus which results in harm suffered after baby is born alive can give rise to criminal responsibility”
Causation Factual Causation The ‘But For” test Novus ActusInterveniens Legal Causation Ds conduct must be more than ‘minimal’ cause of the consequence but it need not be a ‘substantial’ cause R V Cato Medical Treatment Thin Skull Rule What is the difference between Pagett and White?
Victim’s own act Novus ActusInterveniens Medical Treatment
Elements of the offence of Murder 2. 1 . MURDER Common law offence ”The unlawful killing of a reasonable creature in being and under the Kings (or Queen’s) peace with malice aforethought, express or implied” 4. 3 .