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A man is trying to claim on his insurance so puts something on a bus to start a fire. A driver sees the fire and loses control and crashes and dies.
Could oblique intention be considered that it was virtually certain the fire on the bus would cause GBH?
Or
. Could it be unlawful act manslaughter if so what is the base offence? ( we have not learnt criminal damage and have learnt non fatal offences/fraud etc) or could it be gross negligence manslaughter as the man owns the bus?
Could oblique intention be considered that it was virtually certain the fire on the bus would cause GBH?
Or
. Could it be unlawful act manslaughter if so what is the base offence? ( we have not learnt criminal damage and have learnt non fatal offences/fraud etc) or could it be gross negligence manslaughter as the man owns the bus?
Last edited by Wright0110; 1 year ago
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#2
S.1(2) criminal damage (Criminal Damage Act) would be the basis for unlawful act manslaughter, if you haven't learned about that yet I don't think there is another obvious offence to base it on (and even then criminal damage would be tricky in terms of the mens rea here). Looks more like you want gross negligence manslaughter, based of the duties that road users owe each other.
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(Original post by IpsaLoquitur)
S.1(2) criminal damage (Criminal Damage Act) would be the basis for unlawful act manslaughter, if you haven't learned about that yet I don't think there is another obvious offence to base it on (and even then criminal damage would be tricky in terms of the mens rea here). Looks more like you want gross negligence manslaughter, based of the duties that road users owe each other.
S.1(2) criminal damage (Criminal Damage Act) would be the basis for unlawful act manslaughter, if you haven't learned about that yet I don't think there is another obvious offence to base it on (and even then criminal damage would be tricky in terms of the mens rea here). Looks more like you want gross negligence manslaughter, based of the duties that road users owe each other.
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#4
(Original post by Wright0110)
Thank you very much for your reply, I really appreciate it. Just considering oblique intention? He set a device to start a fire on the moving bus would you say it’s reasonable to use oblique intention that it was foreseeable of virtually certain circumstances of GBH for intent for the murder offence of the driver dying?
Thank you very much for your reply, I really appreciate it. Just considering oblique intention? He set a device to start a fire on the moving bus would you say it’s reasonable to use oblique intention that it was foreseeable of virtually certain circumstances of GBH for intent for the murder offence of the driver dying?
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