Murder (1 Viewer)

[47.46.45]

Hey guys, random question re: constructive murder (nee felony murder).
Suppose two people - who we will call Jay and Silent Bob - decide to get their fight on with a clerk at a local store. They stab the clerk (who surives) but as they're leaving the scene, the police arrive and yell at the pair to stop. Jay and Silent Bob run, and the police shoot Silent Bob.
Jay gets charged with murder under s18.

Would he get convicted? Assume there's a very serious charge associated with the clerk attack as well, to satisfy the constructive requirements re: mens rea.

 

[sXcGuRl69aU]

was it a quick stop?

 

[M@C D@DDY]

Hey guys, random question re: constructive murder (nee felony murder).
Suppose two people - who we will call Jay and Silent Bob - decide to get their fight on with a clerk at a local store. They stab the clerk (who surives) but as they're leaving the scene, the police arrive and yell at the pair to stop. Jay and Silent Bob run, and the police shoot Silent Bob.
Jay gets charged with murder under s18.

Would he get convicted? Assume there's a very serious charge associated with the clerk attack as well, to satisfy the constructive requirements re: mens rea.

No because to satisfy the Actus Reus of constructive murder, Jay must have voluntarily acted in a way so as to have caused the death of Silent Bob (Check Ryan). The Mens Rea only applies to the base offence, and we are assuming here that the fight would satisfy the 25 yr requirement. Those are the three main requirements.