Did someone do this question? Am I missing something? Can you help me, please?:)

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#1
Report Thread starter 11 months ago
#1
Gail, a rather short-tempered person, was very annoyed when she lost her job at the same time as her neighbour, Harry, received a promotion in his job. Harry taunted Gail about this through a series of posts on social media. Shortly afterwards, whilst out walking, Gail saw Harry and his friend lan. When they saw Gail they started to laugh and Harry shouted, "Off to get your unemployment benefits, loser?” She started to walk away but then picked up a heavy garden ornament, ran back and smashed Harry over the head with it. Harry died instantly. lan feared that he too would be attacked. He pushed Gail into a busy road where she was hit by a speeding car. Gail suffered several deep cuts to her face and body and was left with permanent scarring. Consider the criminal liability of Gail for the murder of Harry and of lan for the injuries to Gail. [30 marks]
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legalhelp
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#2
Report 11 months ago
#2
Are you at least going to try and do the question yourself first, or are you expecting someone else to just do the whole thing for you?
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#3
Report Thread starter 11 months ago
#3
(Original post by legalhelp)
Are you at least going to try and do the question yourself first, or are you expecting someone else to just do the whole thing for you?
I have tried. No need to be rude! I know that people would just come with suggestions and not the whole answer. The thing I am struggling with is how to actually introduce from the knowledge and application... Also I might miss some things but I definitely already tried.

I am baffled by what I should actually include. I know I should make an analysis on the actus rea and mens rea and so on.
I know I have to include:
Murder can be defined as the unlawful killing of a human being under the Queen's peace with malice aforethought.
The actus reus is the unlawful killing unless the defendant is successful in raising a defence that makes the killing lawful; for example, self-defence.
The act (or omission) of the defendant must have been the legal cause of the death of the victim. The prosecution must prove that the victim’s death was caused by the defendant even if it was not the only or main cause of death. To establish causation in fact, the "But for" Test established in R v White [1910] must be applied. The defendant's act would be regarded as the cause in law if it could be shown that it was the operating and substantial cause of the victim's death.
The mens rea of murder is malice aforethought, which has been interpreted by the courts as meaning intention to kill or intention to cause GBH. In R v Moloney [1985] the House of Lords held that nothing less than intention to kill or cause grievous bodily harm (GBH) would suffice and merely foreseeing the victim's death as probable was insufficient. Murder is a crime of specific intent. Intention in this context includes direct or oblique intent. Direct intent covers the situation where the defendant desired the death and oblique intent covers the situation where the death is foreseen by the defendant as virtually certain, although not desired for its own sake.
Upon conviction of murder a mandatory sentence of life imprisonment applies as fixed by the Murder (Abolition of Death Penalty) Act 1965. The judge can also make recommendations to the Home Secretary as to the minimum period which should elapse before the prisoner is released on licence.
Self Defence
s3(1) of the Criminal Law Act 1967 provides that:
"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."
malicious wounding/inflicting grievous bodily harm
Mens rea of s20
The loss of control defence was introduced by s 54. *I am not very sure about this and I did not find it in any of my books so I had to google it*
Intervening Acts
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legalhelp
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#4
Report 11 months ago
#4
Again, without wishing to sound rude, it looks like you have just copied and pasted your notes on murder into your previous post. There is zero application of those principles to the problem question in your original post. What is it specifically you are struggling with? If you have tried to answer the problem question in your original post, or you have some thoughts on how to approach it, why don’t you post those instead of your general homicide notes?
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#5
Report Thread starter 11 months ago
#5
(Original post by stavmar)
Hey there! I would be happy to help you with this. I am a private tutor (First Class LLB Law, LLM (Corporate Law), PhD Law) and I helped many law students in the past to excel in their degrees. Should you wish to discuss things further, please don't hesitate to sent me a private message.

Kind regards,

Stavros
Hello! Thank you so much, I have texted you as I urgently need now help with this question.
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