Case Studies: Murder 1
- Created by: Alex.Byrne
- Created on: 27-05-18 11:24
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- Case Studies: Murder 1
- Unlawful Killing
- R v White (1910)
- R v Smith (1959)
- R v Moloney (1985)
- Malice aforethought- intention to kill or cause GBH; merely foreseeing death as probable
- Intent
- Woolin (1999)
- Threw his 3 month old baby onto hard surface= fractured skull
- Judge:"D must have realised when he threw the child that there was substantial risk that he would cause serious injury
- Jury convicted him of murder and rejected the defence of provocation
- Appealed: 'substantial risk' widened the definition of murder'
- HoL Held: Murder conviction replaced with manslaughter
- Nedrick (1986)
- A child died in the fire
- Appellant held grudge against Viola Foreshore- went to her house in the night, poured paraffin through letterbox and set fire to it
- Judge directed jury: when he set fire to house he knew there was great risk of serious bodily injury to someone in the house
- Jury convicted of murder
- Woolin (1999)
- Unlawful Killing
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