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

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 31) Murder and Voluntary

Manslaughter2) Involuntary Manslaughter

3) Non-Fatal Offences against the person

4) Defences

June Exam: Unit 41) Offences against property

2) Concept of Law

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.

Target Setting

Remember your targets must be:SpecificMeasurableAchievableRealisticTimed

What do you remember?

Complete the cloze passage, use the cards if you get stuck

Recap: What is Murder?

Recap: Actus Reus and Mens Rea

Murder

Learning ObjectivesTo recall definition of Murder

Explain the Actus Reus of the offence of murder

To apply the law to a case study

MURDERCommon 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”

1 UNLAWFUL KILLINGSome killings are ‘lawful’ but are covered by other sections of murder eg. Defences (Necessity), Elements (War)

.

4. MALICE AFORETHOUGHT.

3. PEACE

.

2. REASONABLE CREATURE IN BEING

Elements of the offence of Murder

Write down in the boxes the 4 elements

of murder

OMMISSION TO ACT.General rule is that an omission can’t make a person

guilty of an offence

ACTEG.

.

Unlawful Killing

EXCEPTIONS

DUTY TO ACTCONTRACT

VOLUNTARY

CHAIN OF EVENTS

RELATIONSHIP

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.

OMMISSION TO ACT.General rule is that an omission can’t make a person

guilty of an offence

ACTEG.

.

Unlawful Killing

EXCEPTIONS

DUTY TO ACTCONTRACT

VOLUNTARY

CHAIN OF EVENTS

RELATIONSHIP

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.

Brain DeadIs victim alive if they are ‘brain dead’ and being kept alive by a

machine?

FOETUSIs Foetus in womb a RCIB?

.

Reasonable Creature in Being

No, must have independent existence from mother.

No, switching off life support machine does not break

causal linkAtt 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”

Legal CausationDs conduct must be more than

‘minimal’ cause of the consequence but it need not be a ‘substantial’ cause

R V Cato

Factual CausationThe ‘But For” test

Causation

What is the difference between Pagett and

White?

Thin Skull Rule

Novus Actus Interveniens

Medical Treatment

Novus Actus Interveniens

Medical TreatmentVictim’s own act

Causation

MURDERCommon 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”

1

.

4.

3

.

2.

Elements of the offence of Murder