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.

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 3 1)Murder and Voluntary Manslaughter 2)Involuntary Manslaughter 3)Non-Fatal Offences against the person 4)Defences June Exam: Unit 4 1)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: Specific Measurable Achievable Realistic Timed

What do you remember? Complete the cloze passage, use the cards if you get stuck

Recap: What is Murder?

Recap: Actus Reus and Mens ReaActus Reus and Mens Rea

Murder Learning Objectives To recall definition of Murder Explain the Actus Reus of the offence of murder To apply the law to a case study

MURDER Common 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” 1UNLAWFUL KILLING Some 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 ACT EG.. Unlawful Killing EXCEPTIONS DUTY TO ACT CONTRACT 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 ACT EG.. Unlawful Killing EXCEPTIONS DUTY TO ACT CONTRACT 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 Dead Is victim alive if they are ‘brain dead’ and being kept alive by a machine? FOETUS Is 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 link Att 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 Causation Ds conduct must be more than ‘minimal’ cause of the consequence but it need not be a ‘substantial’ cause R V Cato Factual Causation The ‘But For” test Causation What is the difference between Pagett and White? Thin Skull Rule Novus Actus Interveniens Medical Treatment

Novus Actus Interveniens Medical Treatment Victim’s own act

Causation

MURDER Common 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” Elements of the offence of Murder