AR, MR and murder
- Created by: awesomeautss
- Created on: 20-12-16 10:56
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- AR, MR and Murder
- CAUSATION
- if the AR includes a consequence then causation will be important.
- these are called result crimes. eg/ murder. as death is a consequence of murder, ABH is another as harm is a consequence
- Factual causation - but for test
- RvWHITE
- Legal causation - de minimis rule. D's act need not be the sole case but must be mre than minimal.
- D will be liable for full consequences if the chain is broken.
- poor medical treatment will rarely break the chain if D's action made a significant contribution to the death
- RvCHESHIRE
- turning of life support will not break the chain.
- MALCHEREK
- a foreseeable intervening act will not break the chain
- RvROBERTS
- a daft one will
- RvWILLIAMS
- if the AR includes a consequence then causation will be important.
- 3c's of AR
- conduct
- circumstance
- consequence
- MR
- Direct intent - the result is from Ds aims
- MOHAN
- indirect intent - the result is of virtual certainty and D appreciates this
- WOOLIN
- subjective recklessness - D recognises the risk but carries on anyway
- CUNNINGHAM
- Gross neg - D is criminally negligent. only for manslaughter
- ADOMAKO
- transferred malice - D intends to hit X but hits Y instead the intent is transferred from X to Y
- LATIMER
- coincidence of AR and MR - the AR may be continuing so it coincides with later MR
- FAGAN
- Direct intent - the result is from Ds aims
- Murder
- unlawful killing of a human being under the queens peace with malice a forethought
- AR for murder
- the killing of a human being
- murder is a result crime
- Ds conduct must have caused the death
- Human Being
- a foetus is not a human being for the purpose of a murder convicton
- if the foetus is injured and dies from that injury after being born, that may be murder
- AG REF 1997
- MR for murder
- unlawful killing must be done with malice a forethought
- this has been interpreted as meaning with intention
- MR for murder is intention to kill or cause GBH
- VICKERS
- confirmed by DPPvSMITH
- intention may be direct or indirect
- unlawful killing must be done with malice a forethought
- CAUSATION
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