Just4Learning
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#1
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In the case: The defendant tried to scare victim 1 by throwing a brick at his window, the window smashed thus injuring victim 1 and 2.

Victim 1 tried to run away as they were being chased by the defendant but ended up falling over the pavement and they later died from head injuries.

Due to complications at the hospital victim 2 died the following day.

What is the liability for homicide? I’m certain it’s murder however the defendants intention was to scare the victim (although it’s obvious that throwing a brick at glass is dangerous).

Thank you in advance
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ROTL94
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#2
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Look into reckless manslaughter.
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Just4Learning
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(Original post by ROTL94)
Look into reckless manslaughter.
Thank you
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Catherine1973
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Not sure how you get murder from those facts?
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legalhelp
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(Original post by ROTL94)
Look into reckless manslaughter.
This is not a term that is commonly used at all in English law. OP, why do you think this is murder? You should take a look at the part of your textbook that deals with involuntary manslaughter, if you haven’t already.
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Just4Learning
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(Original post by legalhelp)
This is not a term that is commonly used at all in English law. OP, why do you think this is murder? You should take a look at the part of your textbook that deals with involuntary manslaughter, if you haven’t already.
I was also thinking of gross negligence manslaughter or recklessness manslaughter, but I didn’t know which one to choose so I just said murderer 😅
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Just4Learning
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(Original post by Catherine1973)
Not sure how you get murder from those facts?
Good point. Reading over it now I’m just thinking why did even I type murder
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Joleee
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what's the mens rea for murder?
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hopeful-lawyer
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The first thing to do is to consider the victims separately.

Then consider if the defendant could be liable for murder for each defence.

Go from there, I don’t want to spoil the surprise but it would likely, upon a first glance, be involuntary manslaughter because a key element of the offence of murder is missing
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Catherine1973
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It’s also possible that neither may be involuntary manslaughter as other people could also have killed them. Therefore assult or battery.
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legalhelp
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(Original post by Catherine1973)
It’s also possible that neither may be involuntary manslaughter as other people could also have killed them. Therefore assult or battery.
OP is being asked to consider D’s potential liability for homicide. A major source of wasted time and marks in this sort of problem question exam is considering liability for categories of offences you haven’t been asked to consider!
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Catherine1973
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You’d talk about assault and battery as part of uam surely?
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legalhelp
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I suppose so, but the way your comment was framed made it sound like you would be addressing the merits of standalone charges against D for assault and/or battery, rather than considering in the context of your IM analysis. The point is I think you can take the assault analysis extremely briefly in your answer when dealing with UAM, since they have helpfully told you D has the requisite MR for the offence! And the question obviously wants you to spend your time concentrating on issues of dangerousness and causation.
Last edited by legalhelp; 6 months ago
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legalhelp
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Oh, and you might have a better chance of getting over the dangerousness hurdle for UAM with the criminal damage rather than the assault.
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Just4Learning
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(Original post by legalhelp)
OP is being asked to consider D’s potential liability for homicide. A major source of wasted time and marks in this sort of problem question exam is considering liability for categories of offences you haven’t been asked to consider!
Yep we’re only supposed to discuss homicide I’m leaning for involuntary manslaughter
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