AQA law for A2 by Jacqueline Martin; Chris Turner; Denis Lanser

By Jacqueline Martin; Chris Turner; Denis Lanser

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Lord Bridge referred only to a natural result. This omission of the word ‘probable’ was held in Hancock and Shankland (1986) (see below) to make the guidelines defective. So they are no longer law. Hancock and Shankland (1986) Ds were miners who were on strike. They tried to prevent another miner from going to work by pushing a concrete block from a bridge onto the road along which he was being driven to work in a taxi. The block struck the windscreen of the taxi and killed the driver. The trial judge used the Moloney guidelines to direct the jury and Ds were convicted of murder.

Give a case (including name and facts) where medical intervention did NOT breach the chain of causation. 4. Give a case (including name and facts) where medical intervention DID breach the chain of causation. 5. What is the rule where V’s own intervening act leads to his death? 1 Malice aforethought The mens rea for murder is stated as being ‘malice aforethought, express or implied’. This means that there are two different intentions either of which can be used to prove the defendant guilty of murder: 1.

Other parts of this judgment have, however, been overruled by later cases. This was because Lord Bridge stated that jurors should be told to consider two questions. First, was death or really serious injury a natural consequence of the defendant’s act, and second, did the defendant foresee that consequence as being a natural result of his act? The problem with these questions (which are often referred to as the Moloney guidelines) is that the word ‘probable’ is not mentioned. If you look back to s 8 of the Criminal Justice Act 1967, you will see that the section uses the phrase ‘natural and probable consequence’.

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