what would would this criminal be charged with

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kristina333
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i'm writing an essay but don't know how to start it , although i have rough idea with what i will be writing but not sure if i am on the right page .

for example ,
Jenny’s daughter Abby had recently been convicted and imprisoned for a number of thefts. Jenny was extremely upset and embarrassed by this. One morning, when she was shopping at a local Do-It-Yourself store, one of the assistants, Bob, shouted ‘I hope you are going to pay for that unlike your thieving little daughter!’.

Jenny picked up a hammer, ran over to Bob in a rage, and repeatedly hit Bob with the hammer until he lost consciousness. An ambulance was called, but there was a significant delay in arriving at the hospital as the ambulance drove over a packet of nails that another customer had dropped in the car park leading to a puncture. Bob was pronounced dead on arrival at the hospital. An expert witness is prepared to testify that Bob would probably have survived the attack if he had arrived at the hospital ten minutes earlier.

Discuss Jenny’s potential criminal liability.
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marzipan1030
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Manslaughter? Aggravated assault? I’m not sure really...
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gjd800
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There is a possibility of murder. She intended to cause death or serious harm when she attacked him (at least via oblique intent, though maybe you could argue there is direct intent). Is not the opinion that he 'probably' would have survived having got to hospital earlier irrelevant to this? she hasn't attacked him thinking 'ah if he gets to hozzy quick enough, he'll be sound'. With that said, it is a factor - he might have survived, in which case it would have been attempted murder or aggravated assault.

You could maybe argue manslaughter on the mental state/loss of control thing.
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kristina333
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(Original post by gjd800)
I think it'd still need to be murder. She intended to cause death or serious harm when she attacked him (at least via oblique intent, though maybe you could argue there is direct intent). Is not the opinion that he 'probably' would have survived having got to hospital earlier irrelevant to this?

You could maybe argue manslaughter on the mental state/loss of control thing.

opinion on this is relevant but discussing it in detail that's the hard bit
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gjd800
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(Original post by kristina333)
opinion on this is relevant but discussing it in detail that's the hard bit
Yeah, i see how it is now. The opinion would make the difference between - all things being equal - the bloke dying (murder at worst) and the bloke surviving (aggravated/assault occasioning ABH?).

So I guess a discussion could centre on whether it would be straight up murder - I think that is a possibility given that his survival might still have warranted a charge of attempted murder - or whether a more appropriate charge might be manslaughter taking into account loss of control and the fact that he should have survived.

It's a long time since I did any law, and even then it was only from a philosophy viewpoint, haha.
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NHM
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Well Bob died so you will need to consider the homicide offences of murder and manslaughter. Although I find gross negligence manslaughter to be irrelevant on the facts. You will also be required to heavily discuss causation in this scenario. Hope that helps a little.
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