By Jacqueline Martin; Chris Turner; Denis Lanser
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The failure to feed the girl was enough for the actus reus of murder. A duty which has been undertaken voluntarily In the above case of Gibbins v Proctor (1918) the partner had voluntarily undertaken to look after the girl. She therefore had a duty towards the child. When she failed to feed the child she was guilty of murder because of that omission. Another example of where a duty had been undertaken voluntarily is Stone and Dobinson (1977). Murder Stone and Dobinson (1977) Stone’s elderly sister, Fanny, came to live with the defendants.
If the defendant has mental problems which can be treated, then the most suitable sentence is one which orders the defendant to have treatment, either in a hospital or in the community. For this Unit of the AQA specification only diminished responsibility and loss of control are studied. 1 Diminished responsibility This defence was introduced by the Homicide Act 1957. It did not exist in English law until then. Before 1957 if a person with mental problems killed, then their only defence was insanity.
This means that a person can be guilty of murder even though they did not intend to kill. This was decided in Vickers (1957). Vickers (1957) Vickers broke into the cellar of a local sweet shop. He knew that the old lady who ran the shop was deaf. However, the old lady came into the cellar and saw Vickers. He then hit her several times with his fists and kicked her once in the head. She died as a result of her injuries. The Court of Appeal upheld his conviction for murder. They pointed out that if a defendant intends to inflict grievous bodily harm and the victim dies, this has always been sufficient in English law to imply malice aforethought.
AQA law for A2 by Jacqueline Martin; Chris Turner; Denis Lanser