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Case Studies on MR (intention to kill or cause GBH (Vickers ; Moloney…
Case Studies on MR
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Intention can be direct where death or GBH was D’s aim or purpose. If D has a different aim or if direct intent isn't clear the judge can allow the jury to consider oblique intent using the Nedrick; Woollin direction if they are satisfied that he foresaw death or at the very least GBH as a virtually certain consequence.
Nedrick
where the case facts were similar to Hyam, the courts sought to clarify the degree of probability by introducing the concept of virtual certainty. Virtual certainty is a higher degree of probability.
Woollin
D threw a 3-month old baby into the pram and behind by 3/4 feet is the wall. D throws the baby and misses the pram and the baby hits its head and dies. Aim was to shut the baby up. Court ruled that the consequence must have been a virtual certainty and D must have realized the consequences of his action. The Jury is satisfied with both points - evidence which Jury finds intention
Oblique intent is a rule of evidence, it isn’t automatically intent but it is strong evidence of intent
(Matthews & Alleyne).
D dropped V from a concrete bridge and throws him off a 24 feet high brdge knowing the the V doesn't know how to swim and purposely left him there which V then drowned and dies from it
Draw a conclusion – if the AR + MR are satisfied murder attracts a mandatory life sentence. If the jury aren’t convinced D has the MR for murder, the judge will allow them to consider manslaughter in the alternative
(Coutts).
The defendant appealed his conviction for murder, saying that the judge should have left to the jury the alternative conviction for manslaughter. The victim had died through strangulation during a sexual assault by the defendant
Recklessness
Cunningham
D went to an isolated house in order to break open the gas meter to get money but he didnt know that the gas would go next door and affected a woman thus he was reckless
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