The Student Room Group

Murder liability

Dan damaged Hannah's car to cause damage.Hannah drove the car,the brakes did not work and she crashed into a car and died.Dan said he didn't want to kill , just damage the car.

Hannah Also had brittle bones.
Discuss Dan's liability is for murder
Can anyone tell me layout structure to answer a murder criminal question.
Also would this be classed as murder as he didn't intend to do so.

So far
Introduction into the person liability
Actus Reus
Men's rea
Oblique intent
Factual causation
Legal causation
Thin skull rule
Is there some sort of structural way,I've searched hours can't find any example problem questions to follow a layout.Tried university student document,can't find anything on murder
First you need to identify the offence and briefly lay out the definition of that offence, which will serve as your introduction. Here you have been told the potential offence is murder, so lay out the definition of murder.

Next, identify the actus reus and examine whether this has been met.

Then you should discuss the mens rea and examine whether Dan could be said to have the necessary mens rea.

Then consider causation and the thin skull rule.

Finally, conclude by summing up the key issues and whether you think Dan is liable for murder or not.
Reply 2
Liv, you've made a good plan about what you want to discuss in your essay and have six point that you wish to explore. The order should follow what you consider to be the most clear cut first, and then work your way through the points in a logical order (that is, without mens rea there's no point discussing causation, and so forth).

Depending on your university and lecturers, you can either give your position at the end of the 'claim' section, or keep it until you've persuaded the reader of your arguments, culminating in a reveal in the 'outcome' paragraph.

We use a book called Problem Questions for Law students, which I'd recommend
Reply 3
Which is the defence I should mention here ,also is it manslaughter he would be charged with or murder
Original post by Liv593
Which is the defence I should mention here ,also is it manslaughter he would be charged with or murder

There's not enough information here to indicate that any offence is applicable.
You've been asked to discuss murder liability so focus on that.

Quick Reply