FT203 - Criminal - Seminar 9 - Jim by Claire Turner https://padlet.com/claire43/o5pvzbq6c1sx en-us 2018-10-23 15:04:51 UTC 2025-09-30 16:44:33 UTC hello@padlet.com Death of an unborn child? claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394077949 2022-11-22 12:35:39 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394077949 Real life examples claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078046 2022-11-22 12:35:44 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078046 Prezi's claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078102 2022-11-22 12:35:48 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078102 Link to Prezi on Mens Rea claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078163 2022-11-22 12:35:51 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078163 Link to Prezi on murder and causation claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078206 2022-11-22 12:35:54 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078206 Academic Opinion claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078269 2022-11-22 12:35:57 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078269 Link to Ashworth paper - 'Reforming the Law of Murder' claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078362 2022-11-22 12:36:01 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078362 Link to Norrie article - claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078446 2022-11-22 12:36:05 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078446 Common Law claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078516 2022-11-22 12:36:09 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078516 AG Ref No. 3 of 1994 claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078578 2022-11-22 12:36:13 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078578 CPS Guidance claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078711 2022-11-22 12:36:18 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078711 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/o5pvzbq6c1sx/wish/2394078857 Defendant - Jim, Victims - a) Jodie b) baby c) Amy]]> 2022-11-22 12:36:25 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394078857 Current issue claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394100533 2022-11-22 12:54:24 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2394100533 Jodie claire43 https://padlet.com/claire43/o5pvzbq6c1sx/wish/2395479437 Still had brain function - No AR as no death for murder

s18 alternative
Intention to cause gbh
GBH? - DPP v Smith/Saunders - serious harm. CPS Charging Standards - Life changing injuries require substantial or significant. 

Intention - not direct intent = not his aim or purpose to kill/cause gbh (Mohan). Woollin - was death or SI virtual certainty and did he appreciate such was the case. Prosecution - putting a lighted rag creating a fire - he appreciated death or serious injury as VC. 
Defence - that he didn't appreciate death or serious injury would result as he could have got them out of the back door. 

Causation - established. ]]> 2022-11-23 11:47:41 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2395479437 Amy https://padlet.com/claire43/o5pvzbq6c1sx/wish/2395481791 AR - Unlawful killing under the King's Peace - satisfied as Amy died (Coke) - interpreted in Moloney - Intention to kill or cause gbh as the meaning of malice aforethought

Causation
Factual - 'but for' (White) Jim setting fire to the house, Amy would not have died.
Legal - Jim setting fire to the house was the ''operating and substantial'' cause of Amy's death as it led her to having to be rescued (Smith). (Benge; Pagett, Kimsey)  Defence - 3rd party breaks chain - fire fighters dropped Amy. Prosecution - emergency situation as a result of Jim's conduct. Cheshire - extraordinary - not in this case.
Defence - negligent treatment - paramedics did not appreciate Amy's injuries (Jordan - palpably wrong - distinguish on facts - as injury had healed). Prosecution - negligent treatment was not independent from Jim causing the fire, paramedics made an insignificant contribution to Amy's death (Cheshire) (Smith)

Intention 
Direct - it was not Jim's aim and purpose to kill Amy, only to get them out of the building (Mohan). Oblique - Amy's death would be virtually certain as a result of Jim's actions. He appreciated the risk of death or serious injury by creating the fire (Woolin). Defence - Jim did not appreciate death or serious injury as he could have got them out of the back door]]> 2022-11-23 11:50:09 UTC https://padlet.com/claire43/o5pvzbq6c1sx/wish/2395481791