Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Criminal Law:Murder Exam Technique
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Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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AQA
All of my law documents uploaded follow the AQA specification and are of A/A* quality. This document sets out the exam technique of how to write an answer for murder in a scenario. The exam technique I follow is IDEA (Identify the relevant issue, Define the relevant issue, Explain the law pertainin...
Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
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Murder Exam Technique
Murder (IDEA Structure)
I The relevant issue is murder.
D Murder is defined by Edward Coke as the unlawful killing of a
reasonable person in being under the Queen’s peace with malice
aforethought, express or implied.
E The actus reus of murder is the unlawful killing of a reasonable
person in being under the Queen’s peace.
E An unlawful killing is an act or an omission where there is no valid
defence.
Additional Cases (Omissions):
An omission does not make a defendant guilty of an offence unless
one of the exceptions apply.
> R v Dytham (1979) states there is a duty through one’s official
position.
> R v Gibbons & Proctor (1918) states there is a duty because of a
relationship.
> R v Stone & Dobinson (1977) states there is a duty which has been
taken on voluntarily.
> R v Pittwood (1902) states there is a contractual duty.
> R v Miller (1983) states there is a duty which arises because the
defendant has set in motion a chain of events.
A In this case…(Apply to case).
E A reasonable person in being means that to be murdered, the victim
must be a human being.
Additional Cases:
> AG’s Reference No3 of 1994 (1997) states a foetus is not a human
being.
> R v Malcherek and Steel (1981) states a person who is classified as
brain dead is not a human being.
A In this case…(Apply to case).
E Under the Queen’s peace means that if it is a time of war, then it is
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