Page 875 - SUBSEC October 2017_Neat

02131020/CAPE/SPEC 2017

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SECTION C

MODULE 3 – CRIMINAL LAW
Question 3

Specific Objective: 2 (a)

(a)

(i) Definition
Murder is the unlawful killing of another human being with
malice aforethought during the Queen’s peace.

Definition to include reference to any two key elements
underlined [2 marks]

(ii) Elements for mens rea
– Intent to kill is the desire to take or end the life
of another human being in circumstances where there
is an absence of lawful justification. The person
dies as a result of the action of the defendant.
– Or intending to cause grievous bodily harm
[2 marks]

(b) Instances of person found guilty of manslaughter

 Manslaughter by unlawful and dangerous act – pointing of
loaded gun at any person – R v. Lamb (1967); throwing a
good size box overboard – R v. Franklin (1883); rolling a
stone/dropping concrete slabs – Handcock and Shankland
(1985)
 Manslaughter by negligence – existence of a legal duty,
breach of that duty and damage resulting from the said
breach – R v. Adomako (1993)
 Manslaughter by recklessness – D kills by an act knowing
that it was highly probably that the act would cause
serious injury and/or death or shuts his mind to the issue
of whether such harm would be caused – Hyam v. DPP 1975;
Moloney v. DPP 1985

Any two points clearly explained 2 marks each [4 marks]
Weak explanation 1 mark each
Any two relevant cases cited 1 mark each [2 marks]
[6 marks]

(c) (i) Issue – whether he may be liable for the death of Tina
 Actus reus - Willed voluntary movement is where the
defendant does an action that he intends to do in
order to bring about the desired result.
 Mens rea - The intention to kill or cause grievous
bodily harm