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    I just want someone to point me in the right direction on this question. I've answered most of the question, I'm just struggling a bit with what defenses the defendants could use? (I've concluded that Bradley would be charged with gross negligence manslaughter by omission, and Lewis charged with murder based on a continuing act).
    Thanks


    "For some time, Lewis has been jealous of his rival Sebastian. One day Lewis gets into his car to drive to Sebastian’s house, planning to kill Sebastian when he arrives. On the way a cyclist, Bradley, carelessly pulls out in front of Lewis’ car. Lewis instinctively swerves to avoid Bradley, but hits a passing pedestrian. Even though he saw what happened, Bradley cycles off. Meanwhile, Lewis jumps from his car, takes out his mobile phone to dial 999, but then notices that – by sheer coincidence – the injured pedestrian happens to be Sebastian. Lewis gets back into his car and drives off.

    It is not until fifteen minutes later that an ambulance is called. By the time the ambulance arrives Sebastian has died. Had an ambulance been called immediately, Sebastian could have been saved.

    Could Bradley and Lewis be criminally liable for Sebastian’s death?"
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    (Original post by therealmlg)
    I just want someone to point me in the right direction on this question. I've answered most of the question, I'm just struggling a bit with what defenses the defendants could use? (I've concluded that Bradley would be charged with gross negligence manslaughter by omission, and Lewis charged with murder based on a continuing act).
    Thanks


    "For some time, Lewis has been jealous of his rival Sebastian. One day Lewis gets into his car to drive to Sebastian’s house, planning to kill Sebastian when he arrives. On the way a cyclist, Bradley, carelessly pulls out in front of Lewis’ car. Lewis instinctively swerves to avoid Bradley, but hits a passing pedestrian. Even though he saw what happened, Bradley cycles off. Meanwhile, Lewis jumps from his car, takes out his mobile phone to dial 999, but then notices that – by sheer coincidence – the injured pedestrian happens to be Sebastian. Lewis gets back into his car and drives off.

    It is not until fifteen minutes later that an ambulance is called. By the time the ambulance arrives Sebastian has died. Had an ambulance been called immediately, Sebastian could have been saved.

    Could Bradley and Lewis be criminally liable for Sebastian’s death?"
    Since , Mens Rea does exist. I'd say Lewis is criminally liable in the death of Sebastian and will be charged with murder. On the other hand , Bradley may or may not be charged with gross negligence depending on the circumstances. What if Bradley saw Lewis getting out to help Sebastian and that's why decided to leave?
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    (Original post by abhinair3004)
    Since , Mens Rea does exist. I'd say Lewis is criminally liable in the death of Sebastian and will be charged with murder. On the other hand , Bradley may or may not be charged with gross negligence depending on the circumstances. What if Bradley saw Lewis getting out to help Sebastian and that's why decided to leave?
    Thanks for replying! I've said that there is no defence available for Lewis as necessity and duress by circumstances are no availble as defenses to murder. I'm just not sure what defence Bradley could use.
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    (Original post by therealmlg)
    Thanks for replying! I've said that there is no defence available for Lewis as necessity and duress by circumstances are no availble as defenses to murder. I'm just not sure what defence Bradley could use.
    Bradley has a very skewed defense. It all depends on the various circumstances
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    (Original post by therealmlg)
    I just want someone to point me in the right direction on this question. I've answered most of the question, I'm just struggling a bit with what defenses the defendants could use? (I've concluded that Bradley would be charged with gross negligence manslaughter by omission, and Lewis charged with murder based on a continuing act).
    Thanks


    "For some time, Lewis has been jealous of his rival Sebastian. One day Lewis gets into his car to drive to Sebastian’s house, planning to kill Sebastian when he arrives. On the way a cyclist, Bradley, carelessly pulls out in front of Lewis’ car. Lewis instinctively swerves to avoid Bradley, but hits a passing pedestrian. Even though he saw what happened, Bradley cycles off. Meanwhile, Lewis jumps from his car, takes out his mobile phone to dial 999, but then notices that – by sheer coincidence – the injured pedestrian happens to be Sebastian. Lewis gets back into his car and drives off.

    It is not until fifteen minutes later that an ambulance is called. By the time the ambulance arrives Sebastian has died. Had an ambulance been called immediately, Sebastian could have been saved.

    Could Bradley and Lewis be criminally liable for Sebastian’s death?"
    Dangerous driving and intent to kill?
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    (Original post by imHannah)
    Dangerous driving and intent to kill?
    Thanks for replying! I've got dangerous driving, failure to report the accident, and intent to kill down for the offences. I'm just having trouble advising on what defences the defendants could use.
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    (Original post by abhinair3004)
    Bradley has a very skewed defense. It all depends on the various circumstances
    Okay thanks. Would I also be right in saying that Bradley could argue that the prosecution had failed to prove the mens rea of the offence as he did not intend to cause harm or kill Sebastian?
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    (Original post by therealmlg)
    Okay thanks. Would I also be right in saying that Bradley could argue that the prosecution had failed to prove the mens rea of the offence as he did not intend to cause harm or kill Sebastian?
    Not if the prosecution is going for gross negligence . As far as I know , mens Rea needn't be proved if they're looking at gross negligence or manslaughter
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    Could say Bradley’s defence would be shock of witnessing the accident. There is no real defence for Lewis since their seems to be mens rea and actus reus. You would probably need more context to say that the defence could be insanity.
    Hope this helps. Not sure if it right just going of a level criminology knowledge
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    (Original post by Hollyhop23)
    Could say Bradley’s defence would be shock of witnessing the accident. There is no real defence for Lewis since their seems to be mens rea and actus reus. You would probably need more context to say that the defence could be insanity.
    Hope this helps. Not sure if it right just going of a level criminology knowledge
    Thank you for replying! Yeah I've now said that Bradley could potentially rely on that as a defence
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    I think you have come to the wrong conclusion re. murder. I agree with what Smith & Hogan says at paragraph 5.3.3 (of the edition that I have before me). It wouldn't surprise me if the example in the question was taken from the example in that paragraph given that they are so similar.

    I don't see what the continuing act is. There is an intention to commit an act in future, that is something entirely different.
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    (Original post by Forum User)
    I think you have come to the wrong conclusion re. murder. I agree with what Smith & Hogan says at paragraph 5.3.3 (of the edition that I have before me). It wouldn't surprise me if the example in the question was taken from the example in that paragraph given that they are so similar.

    I don't see what the continuing act is. There is an intention to commit an act in future, that is something entirely different.

    Thanks for replying! I thought it would amount to murder by a continuing act as the mens rea occurs when Lewis chooses to drive off after realising the pedestrian is Sebastian, whom he intended to kill.
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    (Original post by therealmlg)
    Thanks for replying! I thought it would amount to murder by a continuing act as the mens rea occurs when Lewis chooses to drive off after realising the pedestrian is Sebastian, whom he intended to kill.
    I thought you were saying that he had mens rea because, when Lewis set off, he intended to kill Sebastian at Sebastian's house (which is definitely wrong).

    What you have said just now could be right, if Lewis has a duty towards Sebastian (probably yes) and intends by his omission to cause Seb's death or grievous bodily harm. But of course that would have nothing to do with Lewis' earlier intention when he set off.
 
 
 
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