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Question: Alan decides to protest against NHS reforms by placing a firebomb in his local hospital. He spends some time working on the bomb to ensure that there will be a delay before it is detonated, so that he can phone in a warning and allow time to evacuate the hospital. Having hidden the bomb in the hospital, he then decides not to ring the police to warn them about the bomb.

The firebomb goes off. Evan is badly burnt in the fire. He is taken to a neighbouring hospital and requires a blood transfusion. Evan has an intense fear of blood, for which he was receiving psychiatric care before the bombing. He refuses the blood transfusion, and dies.

Doris, a member of staff is present when the fire starts. Doris runs away, leaving behind a young child, Toby, who she was treating, because she can’t be bothered to carry him. Toby is severely injured in the blaze. He is kept on life support, unconscious, for six months before doctors decide to discontinue life support, whereupon he dies.

Advise Alan and Doris on their liability for murder. Mark 70%

Answer: To determine their liability for murder, the prosecution needs to establish whether Alan and Doris had the actus reus and mens rea for murder and that these coincided in time. The actus reus for murder is the unlawful killing of another person , whilst the mens rea is intention to cause death or grievous bodily harm. Alan Actus Reus To be liable, Alan needs to have performed the act that killed Evan and Toby. There are three acts requiring consideration: Alan’s detonation of the firebomb, Evan’s refusal of the blood transfusion, and whether Doris constitutes a novus actus interveniens. Alan’s detonation of the firebomb is the factual cause of the deaths of Evan and Toby: ‘but for’ the explosion of the firebomb neither would have died. However, to constitute legal ca......(short extract)

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Details: - Mark: 70% | Course: Criminal Law | Year: 1st | Words: 1431 | References: Yes | Date written: November, 2016 | Date submitted: April 19, 2017 | Coursework ID: 1020

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