FT201 - Criminal - Seminar 9 - Jim by Claire Turner https://padlet.com/claire43/dx4i1ikkgdyl en-us 2017-11-07 16:06:34 UTC 2025-04-24 08:21:03 UTC hello@padlet.com Real life examples claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394100933 2022-11-22 12:54:43 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394100933 Current issue claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101320 2022-11-22 12:55:04 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101320 Prezi's claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101454 2022-11-22 12:55:10 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101454 Link to Prezi on Mens Rea claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101544 2022-11-22 12:55:14 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101544 Link to Prezi on murder and causation claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101616 2022-11-22 12:55:18 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101616 Academic Opinion claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101710 2022-11-22 12:55:24 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101710 Link to Ashworth paper - 'Reforming the Law of Murder' claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101789 2022-11-22 12:55:28 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101789 Link to Norrie article - claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101850 2022-11-22 12:55:31 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101850 Common Law claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101926 2022-11-22 12:55:35 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101926 AG Ref No. 3 of 1994 claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101998 2022-11-22 12:55:38 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394101998 CPS Guidance claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394102058 2022-11-22 12:55:42 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394102058 In order to increase the chances of being rehoused, Jim, a single parent, decided to post a burning rag through his own letterbox. He thought that it would cause minimal damage and that he could tell the council that he and his family were being harassed and needed to be moved to a new house. One evening Jim decided to put his plan into action. After he had checked that his daughters were asleep and that there was no one around outside, he went out of his back door, crept to the front of the house and pushed a rag soaked in petrol through the letter box. Jim then went to the back of the house in order to regain entry and to raise the alarm but was shocked to find that the door was locked due to a faulty latch. In a panic Jim raced to the front of the house to try the front door and was startled to see that the fire had taken hold very quickly and that the whole of the porch appeared to be on fire.Realising that he could not control the fire himself, Jim called 999 and requested that the fire and ambulance services attend. The fire engine arrived and the fire fighters managed to gain entry to the upstairs bedroom and rescued Amy aged seven and Jodie, aged seventeen and 20 weeks pregnant with her first child.Unfortunately, Jodie had inhaled a significant amount of smoke and was unconscious when the fire fighters rescued her. Whilst unconsciousness, she went into premature labour but the baby died during delivery. Jodie never regained consciousness and was placed on a life-support machine, although she did retain some brain-stem function. Meanwhile, the fire fighter carrying Amy dropped her as he rushed from the blazing building and Amy hit her head on the concrete path. Shortly afterwards, the ambulance service arrived and paramedics attended to Amy’s injuries. The paramedic treating Amy did not appreciate the severity of the blow to the head that she had sustained and focused on treating her breathing difficulties that had been caused by the fire.Amy died on the way to the hospital as a result of blood clot on her brain that had required immediate surgery.Examine Jim’s liability for murder. claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394102179 2022-11-22 12:55:48 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2394102179 Death of an unborn child? claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2395299886 2022-11-23 09:05:14 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2395299886 Defendant - Jim. Victims - Jodie's baby, Jodie, Amy. claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2395315643 2022-11-23 09:20:16 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2395315643 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2395341899 Jodies baby

When does life begin?
AG Ref (no3 1994) - child needs to be born
Reeves - Child needs to be fully expelled but umbilical cord does not need to be severed

in the present case, the child died in delivery so is is uncertain whether the child was yet independent from Jodie

causation
Factual (White) - but for Jim's actions the baby would be alive
Legal (Smith) - Woolin - virtual certainty - was death or injury a virtual certainty and did he appreciated such was the case. 


Jodie

When does life end?
AG's Ref - life ends when the brain stem is dead
Jodie is not dead
S18
AR - unlawfull wound or inflict GBH
Unlawful - no defence for Jim's actions (Horwood)
GBH - (smith) - serious bodily harm, (Janjua) - does not need to be 'really'
clear on the facts that Jodie has suffered serious harm
Inflict - Wilson - means 'cause', no extra requirement for assualt/battery
Ireland - wider interpretation

MR - intention or malice
recklessness is not sufficient (Re Knights Appeal)
foresaw the resulting harm (S.8 CJA)
foresight of GBH (Morrison)
Woollin

Defence - Jim did not foresee the resulting harm, he thought he would be able get the V's out of the house 
Prosecution - could be argued to be virtually certain if you set fire to house of sleeping people (but Jim must have appreciated this)


 ]]> 2022-11-23 09:43:44 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2395341899 Amy claire43 https://padlet.com/claire43/dx4i1ikkgdyl/wish/2395358758 Death - Murder
Intention? - same as above. 
Causation - Factual - but for (White). Legal causation - operating and substantial cause (Smith) - Substantial cause? - fire led to her being carried out of building therefore a significant contribution which was more than minimal ( Kimsey; Pagett)
Third party - break in the chain. Fire fighters dropped her. Prosecution will argue - Cheshire - not extraordinary that fire fighters in an emergency situation will drop people when they are rescuing them as their prime concern to get them out of the building. 
Medical professionals = Defence - palpably wrong - Jordan Prosecution - Jordan distinguished as already healed. Smith; Cheshire; Malcherek & Steel. ]]> 2022-11-23 09:56:57 UTC https://padlet.com/claire43/dx4i1ikkgdyl/wish/2395358758