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Part 1 Introduction to law 6 victim of his offence (under s 130 of the Powers of Criminal Courts (Sentencing) Act 2000). Julie must pursue a separate civil action. Browse our selection of lecture notes by the particular area of law you are studying. All of our law resources are completely free to access. Criminal Appeals Notes.

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Definition of Murder. Murder is a common law offence; this means that it is law created through the process of judicial precedent rather than statutes issued by Parliament. It should be noted that this can be deemed a criticism (this will be discussed later). Lord Coke believed that murder should be defined as: “the unlawful killing of a reasonable personunder [Queen’s] Peace with malice aforethought, express or implied”. Omnisphere Challenge Code Keygen Bandicam on this page. Actus Reus. The actus reus of murder can be done through both an act or an omission as long as the result is the death of the victim.

This was expressed within the case of Gibbins and Proctor (1918). The father of a seven year old girl and his mistress kept the girl separate from the fathers other children and deliberately starved the girl. It was believed that he had a jury to feed her and as did the mistress due to taking on care of the girl. The courts held that due to the deliberate act of failing to feed the girl, intention to kill or cause grievous bodily harm was evident. The defendants were found guilt. This expresses the view that failure to act can constitute an act of murder as it satisfies the actus reus. Causation. The prosecution must prove that the defendant’s actions were both the factual and legal cause of the victim’s death.

Furthermore, that there were no intervening acts which broke the chain of causation. Factual Causation. The defendant can only be held to be liable if the consequence would not have happened “but for” their conduct. How To Disappear In America Pdf there. This idea is evident in the case of Pagett (1983) – here the defendant took his pregnant girlfriend from her home, he held her hostage and the police attempted to make him surrender. Instead D came out of the house using his girlfriend as a human shield, he began firing at the police and they shot back. The girl died.

The defendant was deemed to be liable for manslaughter. It was held that the victim would not have died “but for” the defendant using her as a human shield. An extended idea was seen within White (1910). In this case the defendant poisoned his mother’s drink; however, before the poison took effect she died of a heart attack. It was held here that he was not the factual cause of death and so was not guilty of murder but instead attempted murder. Legal Causation. It has been stated that the defendant’s actions need to go beyond de minimis.

However, in the case of Kimsey (1966) the Court of Appeal stated that instead of using the de minimis principle it should be accepted that the jury are directed on the idea of the actions being more than “a slight or trifling link”. This is due to the fact that more than one act may be contributing to the consequence. Therefore, the defendant needs only to be more than a “slight trifling link”. The thin-skull rule applies here.