Ilac 1

Scenario 1 Answers
By
David R.
1
Scenario:
Dave and Andy belong to the same gang. One night, in retaliation for an attack
on their patch, they go out in search of a rival gang member(Fred) in order to
kill him. However, seeing the two coming, and realising their intention, Fred
grabs Andy and tried to use him as a human shield to avoid the attack. Dave
does not want to harm Andy but realises that if he shoots him, there is a small
chance that the bullet will pass through his body and kill fred. Dave even thinks
that there is a chance that Andy might survive. Dave shoots killing Andy and
Fred.
Discuss Dave’s potential liability for murder.
Step 1:
Identify the potential criminal event(s) in the fact?
The first potential criminal event in facts is the malafide intention(Mens rea) of both
Dave and Andy when they set out to murder Fred in retaliation of an attack on them
whereby they were taking law into their own hands. Their intentions of murdering
Fred were clear therefore Fred, upon seeing them coming, realised that their intention
is not good towards him and they might kill him. The second criminal event in the
facts was the Fred using Andy as a human shield whereby it is against the rules of
morality and as well as law to use human body as a shield against an attack. Third
criminal event was the Dave’s perception of killing Fred by firing through Andy and
figuring out that Andy might somehow would survive. Last criminal event was the
actual shot fired by Dave with the intention to kill Fred only but ultimately killing
both of them. Thus due to wrong perception and malafide intention of killing Fred, he
murdered both of them thus committed double murder.
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Step 2:
Identify the potential offence(s):
Basically, there two major offences had been committed in this scenario. One
offence was mens rea of both Andy and Dave for killing Fred and secondly, the
offence of murder or double murder was committed by Dave when he shot dead Fred
as well as Andy in attempt of killing Fred only.
Step 3:
Applying offence(s) to the facts
Having bad intention or mens rea for killing someone is a crime if discovered
regardless of the fact that anyone was injured or killed or not. In our scenario, Dave
had mens rea for killing Fred only, although through Andy, he shot and killed both.
Hence the offence of mens rea can be applied in the facts.
Moreover, if an act or omission of someone causes bodily injury or death of another
person, it amounts to Actus Rea. In our scenario, Dave perceived that if he shot, the
bullet might go through Andy and will probably kill Fred. So he shot and killed both
although he never wanted to kill Andy. But as the offence has been committed, thus
the actus rea is also applicable here whereby Fred and Andy were killed by Dave’s
Action(shooting).
Step 4:
Consider Defences?
In our scenario mentioned above, there are no potential defences that can be put
forward in the trial by the defendant(Dave) in pleading himself non guilty. To me,
only thing that he can insist on is that he had no intention of killing his fellow gang
member Andy rather he had intention of saving him afterwards and he wished too he
would survive. He may say that the circumstances were such that if he had not shot,
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might be possible Fred had shoot both of them down. Anyhow, this intention is not
easy to prove in the court as homicide has been committed. Even if, his intention of
not killing Andy would have been proved, he is murderer of Fred anyhow, therefore
he cannot escape the the shackles.
Conclusion:
We can conclude this whole scenario in the this way that there were a series of
criminal events that lead toward the double murder. Although, both Dave and Andy
had arrived in order to kill Fred, which is in itself a criminal event, but Andy was
unintentionally killed by Dave with Fred. Dave would take the plea of innocence
against the murder of Andy as he had no intention of killing him, but again, his
calculations were wrong and offensive and the court would anyhow prove him guilty
of murder, if not Andy, then he is absolutely the murderer of Fred and would be liable
for that as court would announce him the culprit.

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Scenario 1 Answers

on their patch, they go out in search of a rival gang member(Fred) in order to

Discuss Dave’s potential liability for murder.

Identify the potential criminal event(s) in the fact?

murdered both of them thus committed double murder.

Identify the potential offence(s):

as well as Andy in attempt of killing Fred only.

Applying offence(s) to the facts

Hence the offence of mens rea can be applied in the facts.

Moreover, if an act or omission of someone causes bodily injury or death of another

he cannot escape the the shackles.

for that as court would announce him the culprit.

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