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1.	Explain, by reference to the facts and judgments in Woollin and/or Mathews and Alleyne what the difference between direct intention and indirect/oblique intention is in criminal law. Ensure that you use a quote from the judgment of one (or both) of these cases to justify your answer.

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1.	Explain, by reference to the facts and judgments in Woollin and/or Mathews and Alleyne what the difference between direct intention and indirect/oblique intention is in criminal law. Ensure that you use a quote from the judgment of one (or both) of these cases to justify your answer.

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Murder and causation Actus Reus Death Unlawful Coke Malcherek and Steel Mens Rea Causation Applies to all result Crimes Legal Factual Consequences which legally responsible for Dyson Break in the Chain Causal Link Moloney Intention to kill or cause GBH Victim White Roberts Thin

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Factual causation ‘But for’ threatening Vic with violence she would not have jumped out of the window [White]. Causal link - Smith (operating and substantial cause); Kimsey - doesn't need to be the only cause of the death.

For Dominic to be the legal cause there must not be any break in the chain of causation. The defence would argue that there has been poor medical treatment which caused the death. They might argue that due to the doctor not fully examining the broken arm that is caused the death, however it would need to be palpably wrong as in the case of Jordan. The medical treatment must be palpably wrong in order for it to break the chain which is unlikely since the hospital had been busy. Prosecution in response would argue that Jordan can be distinguished as the injury had healed whereas in the instant case it is still operating. Prosecution will rely on Cheshire 'extraordinary...etc'

Furthermore 'Treatment which falls short of the standard expected of the competent medical practitioner is unfortunately only too frequent in human experience for it to be considered abnormal in the sense of extraordinary'

The defendant might also argue that the victims own act breaks the chain of causation since Vic jumped out of the window. Free deliberate and informed (Kennedy No, 2); Roberts - 'the range of responses which might be expected from a victim placed in the [same] situation'

However in the case of Wallace the prosecution would argue that jumping out of the window is not a voluntary act and Dominics threats lead her to do this. Therefore Dominic is also the legal cause.

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5 . causation - D’s actions set in motion the chain of events leading to V’s death. By taking V as hostage and using as shield , D created dangerous situation (Miller)

Factual - White - But for

Although d did not intend to kill v specifically , his intent to harm ( by firing at police) can transfer to v’s death

Legal - causal link is established (Operating and substantial cause = Smith) more than a slight or trifling link (Kimsey)

Break in the chain? Prosecution will argue their actions albeit may have negligence (arguable it was dark) was certainly not extraordinary.

using hostage as shield makes it foreseeable that v could have been harmed in cross fire

D action likely to be seen as substantial and operating cause of victims death

if d did not do the action of using victim as shield then would not have happened

d could be held legally responsible for death of victim although police is the one who fired gun

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factual causation

'but for' dominic threatening vic with violence, she wouldn't of jumped out the window

=dominic satisfies factual causation

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6. Delilah and Valentine were young models who shared a flat. Delilah was not being booked for work and was very jealous of the amount of work Valentine was getting. After a particularly disappointing casting, Delilah waited for Valentine to return to the flat and then threw a bottle of cleaning bleach over her face. Valentine’s injuries were catastrophic. 

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6. Delilah and Valentine were young models who shared a flat. Delilah was not being booked for work and was very jealous of the amount of work Valentine was getting. After a particularly disappointing casting, Delilah waited for Valentine to return to the flat and then threw a bottle of cleaning bleach over her face. Valentine’s injuries were catastrophic. 

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Factual causation - R v White - But for

Legal - causal link - Smith (operating and substantial) - more slight or trifling link (Kimsey)

Break chain - victim - Wallace - She was a model therefore damage was catastrophic. Can't make free deliberate informed decision (Kennedy No. 2) when mental health means its not their decision but caused by the extreme stress.

Defence - Dear

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5. D has taken V hostage. He has a gun which he has fired at armed police who have surrounded his house. D tries to escape, using V as a shield. It is dark outside and visibility is poor. As D leaves, an armed police officer fires at him but the bullet strikes V. She dies. D is charged with murder but claims the police killed V – is he correct?

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5. D has taken V hostage. He has a gun which he has fired at armed police who have surrounded his house. D tries to escape, using V as a shield. It is dark outside and visibility is poor. As D leaves, an armed police officer fires at him but the bullet strikes V. She dies. D is charged with murder but claims the police killed V – is he correct?

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4. Vic is in an abusive relationship with Dominic. One night, Dominic comes into their bedroom and threatens Vic with violence. She is terrified and jumps out of the window and breaks her arm. She is taken to hospital where the doctor fails to see the complexity of the break. Her arm is not set properly. It fails to heal and Vic dies from the resulting infection Evidence has established that the doctor had not fully examined Vic as the hospital was busy that evening.

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4. Vic is in an abusive relationship with Dominic. One night, Dominic comes into their bedroom and threatens Vic with violence. She is terrified and jumps out of the window and breaks her arm. She is taken to hospital where the doctor fails to see the complexity of the break. Her arm is not set properly. It fails to heal and Vic dies from the resulting infection Evidence has established that the doctor had not fully examined Vic as the hospital was busy that evening.

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3. Dev throws a brick out of his upstairs bedroom window as he has lost his temper with the builders who have been making a mess whilst renovating his house. The brick hits one of the builders, Viv, and kills him instantly. Unbeknownst to Dev, Viv had a bone condition which made his bones vulnerable to breakage and died from a fractured skull from being hit on the head.

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3. Dev throws a brick out of his upstairs bedroom window as he has lost his temper with the builders who have been making a mess whilst renovating his house. The brick hits one of the builders, Viv, and kills him instantly. Unbeknownst to Dev, Viv had a bone condition which made his bones vulnerable to breakage and died from a fractured skull from being hit on the head.

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1.  Den set out to kill Vin by tampering with the brakes of Vin’s motorbike. While riding the bike, Vin was killed in a collision with a car which pulled out from a junction. Misjudging the speed at which Vin was approaching, the car pulled straight onto the road and into his path, giving him no time to brake. There is evidence that the brakes would have failed if full pressure had been applied to the brake lever but that Vin had not attempted to do so.	Could Den be guilty of a homicide offence?

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1.  Den set out to kill Vin by tampering with the brakes of Vin’s motorbike. While riding the bike, Vin was killed in a collision with a car which pulled out from a junction. Misjudging the speed at which Vin was approaching, the car pulled straight onto the road and into his path, giving him no time to brake. There is evidence that the brakes would have failed if full pressure had been applied to the brake lever but that Vin had not attempted to do so.	Could Den be guilty of a homicide offence?

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Murder and causation Actus Reus Death Unlawful Coke Malcherek and Steel Mens Rea Causation Applies to all result Crimes Legal Factual Consequences which legally responsible for Dyson Break in the Chain Causal Link Moloney Intention to kill or cause GBH Victim White Roberts Thin