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#2
Actus reus of murder is causing the death of a human being. Assess if each of those elements is present. Causation is a big one in this, since there is an issue over whether the negligent medical treatment caused Kevin's death. The distinction between R v Jordan (1956) 40 Cr App E 152, R v Smith [1959] 2 QB 35 and R v Cheshire [1991] 1 WLR 844 and how it applies here is something you will want to discuss.
Mens rea of murder is intention to cause death or GBH. Assess if Mo has this in relation to each person. Note in particular the notion of oblique intent in relation to Pablo.
Mens rea of murder is intention to cause death or GBH. Assess if Mo has this in relation to each person. Note in particular the notion of oblique intent in relation to Pablo.
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#3
Is this for a level law? If so I have a writing frame that could help you structure your answers 
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#4
Right - Now that you think it's murder, don't forget to consider your partial/full defences.
The fact that Mo has PTSD & Depression is a big hint towards a few - I'd look towards the rules of Diminished Responsibility as a possible downgrade from murder, or loss of Self-control as you already identified.
You could consider Insanity, but I'm doubtful of it's success.
The fact that Mo has PTSD & Depression is a big hint towards a few - I'd look towards the rules of Diminished Responsibility as a possible downgrade from murder, or loss of Self-control as you already identified.
You could consider Insanity, but I'm doubtful of it's success.
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(Original post by Maryam_24)
Is this for a level law? If so I have a writing frame that could help you structure your answers
Is this for a level law? If so I have a writing frame that could help you structure your answers
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#6
They're inevitably interlinked.
If a partial defence applies then murder will be "downgraded" to manslaughter.
If a full defence is applicable then there is no liability.
You can't really answer one without the other.
If a partial defence applies then murder will be "downgraded" to manslaughter.
If a full defence is applicable then there is no liability.
You can't really answer one without the other.
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