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Law – Murder Scenario ‘Discuss the criminal liability of Defendant’?

Henry had suffered some brain damage in an accident when younger, and was well known for his sudden rages and unpredictable, extreme violence. Henry was in a crowded nightclub and was armed with a gun. Henry saw John attack Henry’s brother, George, in the nightclub. Henry chased John out of the nightclub but lost him in a maze of streets. About 10 minutes later, as Henry was still walking around, a car being driven by John passed him and then stopped at traffic lights. Henry ran towards the car and fired three bullets into the back of it as it started up again. Though John was unharmed, one of the bullets hit his passenger, Karen, in the head and killed her.

This is a typical question that is given to a law student either at A-level or degree level.

Separate it into crimes and defences because you will need them to determine liability.

Crime- defence (if there is one)= liability

There are different things happening in this scenario, take it sentence by sentence.

Brain damage= defence? If there is a homicide the defence of Diminished Responsibility could be used, or Provocation if provoked by things said or done. But remember the cooling down effect for provocation (10mins might be too late, Duffy 1949).

Also remember transfered malice, even though John wasn’t hurt Henry would still be liable for Karens death.

Discuss murder, manslaughter either reckless or constructive.

Also discuss that John could also be liable for the death because he knew that Henry had a temper and he might have owed Karen a duty of care and breached it. (Gross Negligence)

Also if necessary whether it was legal to have the gun.

Simple. Remember to throw in loads of cases for extra marks and criticisms of the law in these areas.

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