BU202 -Criminal - Seminar 9 - Murder Jim by Claire Turner https://padlet.com/claire43/ucyqe4mg2g2c en-us 2018-11-13 13:06:18 UTC 2025-10-07 17:06:42 UTC hello@padlet.com Real life examples claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067173 2022-11-22 12:26:44 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067173 Current issue claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067254 2022-11-22 12:26:48 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067254 Death of an unborn child? claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067334 2022-11-22 12:26:52 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067334 Prezi's claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067513 2022-11-22 12:26:58 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067513 Link to Prezi on Mens Rea claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067594 2022-11-22 12:27:01 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067594 Link to Prezi on murder and causation claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067666 2022-11-22 12:27:04 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067666 Academic Opinion claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067759 2022-11-22 12:27:09 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067759 Link to Ashworth paper - 'Reforming the Law of Murder' claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067835 2022-11-22 12:27:13 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067835 Link to Norrie article - claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067944 2022-11-22 12:27:16 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394067944 Common Law claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394068044 2022-11-22 12:27:21 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394068044 AG Ref No. 3 of 1994 claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394068095 2022-11-22 12:27:24 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394068095 CPS Guidance claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394068163 2022-11-22 12:27:27 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394068163 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/ucyqe4mg2g2c/wish/2394072156 2022-11-22 12:30:42 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394072156 Defendant - Jim. Victim - Jodie, 2nd victim -baby, 3rd victim - Amy. claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394420364 2022-11-22 16:27:07 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394420364 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394438149 defendant - Jim
victim - Jodie 
Factual Causation- but for ( r v white) him  putting the rag through ? no 
passes the test 
legal causation - r v smith - operating and substantial cause 
using kimsey - more than minimal which it was
both satisfied 

causation - was the chain of causation broken ? NO 
MR - Indirect intent - (Woolin)- it was not his direct intent as he though it would cause minimal damage 
 was death or serious injury a virtual Certainty and did the defendant appreciate this? yes. Prosecution argue - virtually certain to lead to death or serious injury if you put a lighted rag in property. Defence will argue -  
 this is not murder as V Brain stem is still alive  according to definition by LJ Justice Coke. (Airedale Trust v Bland; Re A) Not murder don't have death Jodie

GBH - really serious (Saunders/Smith) 

Child - murdered child - no AG Ref No. 3 1994

 


]]> 2022-11-22 16:41:22 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394438149 Defendant Jim - Amy murder https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394438452 AR - Unlawfully kills under kings peace
Factual - White 'but for test' 
But for actions of Jim caused the death Would Amy have died - no
Legal - Smith Operating and substantial cause. Jim wasn't because there was a break in the chain of causation - Kennedy - firefighter dropped her on the floor. 
MR - Woollin - didnt intend to cause this, manslaughter

Jodie - AR unlawfully killing 
Factual cause - White 'but for' But for Jims actions it caused the death. Would Jodie be in the critical condition shes in. 
Legal - Smith operating and substantial cause. No break in the causation. 
MR - Woolin - didn't intend to cause this, but it could be argued that it should be foreseen. 

No malice aforethought as there's no intention to kill or cause GBH 

Foetus - cant be murder as not classed as a person (AG Ref No. 3 1994)  

]]> 2022-11-22 16:41:37 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394438452 Amy claire43 https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394456625 Murder - definition as above
Intention - same above
Causation - Prosecution will argue Factual (White- but for) Legal causation - substantial cause of death (Smith; Kimsey; Pagett) Defence - break in the chain as result medical intervention (Smith - 'Only if it can be said that the original wound is merely the setting in which another cause operates can it be said that the death does not result from the wound. Putting it another way, only if the second cause is so overwhelming as to make the original wound merely part of the history can it be said that the death does not flow from the wound'; Cheshire - medical negligence is not extraordinary. Apply to facts - emergency situation resulted from Jim's actions and therefore they are doing their best to save the child. Sound medical treatment will not break the chain (Malcherek & Steel). Defence - Jordan - palpably wrong - distinguished as injury had virtually healed. ]]> 2022-11-22 16:55:21 UTC https://padlet.com/claire43/ucyqe4mg2g2c/wish/2394456625