Topics: Criminal law, Causality, Manslaughter Pages: 3 (980 words) Published: January 24, 2014
I am assessing Jimmy’s liability for the death of Bruce. This question is set out under the field of Homicide, as there has been an unlawful killing. The likely charge against Jimmy is Murder. Murder is defined as the unlawful killing of a human being with the intention to kill or cause GBH. (Moloney) for the first part of the question I will present the prosecution case and for the second part I will present the defence and lastly I will conclude. The actus Reus of murder is the unlawful killing of a human being under the Queens peace (Moloney) the prosecution must prove beyond all reasonable doubt, that Jimmy caused Bruce’s death. (Deller) Two tests must be applied to determine whether Jimmy was the legal and factual cause of Bruce’s death (White). The Factual causation test asks whether “but for Jimmy Stabbing Bruce Several times in the chest, Bruce would not have died.” The answer to this is no, Bruce would not have died but for Jimmy carrying out his actions; thus factual causation is satisfied. The legal Causation test asks whether Jimmy’s actions of stabbing Bruce several times in the chest was the substantial and operating cause of Bruce’s death. The answer to this question is also yes, thus legal causation is satisfied. The Men’s rea for murder is an Intention to kill or cause GBH. (Moloney) there are two types of intention, direct intention in which it is the defendant’s direct aim and purpose or desire to bring about the prohibited consequence. And indirect intention which considers whether the result was a virtual certainty consequence of the defendant’s actions and D realised this (Moloney, Nedrick, Woolin). The fact that Jimmy stabbed Bruce several times in the chest which can be seen as a fatal area, indicates that he had an intention to at least cause GBH, if not Kill. This then is an example of direct intention as it was jimmy’s aim and purpose to kill or at least cause GBH. Therefore we can see that the elements of Men’s Rea are satisfied....
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