Fatal offences

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  • Fatal Offences
    • murder
      • where a person of sound mind
        • = not insane
      • and of the age of discretion
        • = over 10
      • unlawfully kills
        • = not justification e.g. self-defence or execution
      • any reasonable creature in being
        • R v Malcherek and Steel - Foetus has to be born alive and then died as a result of the wounds - dieing in the womb is not murder
        • Attorney General's Reference - turning of life support does not amount to murder
      • under the queens peace
        • Not during wartime
      • with malice aforethought
        • R v Moley - with the intention to kill or cause GBH
        • Direct intent - Ds aim or purpose
        • indirect intent - what D desires but he foresees will almost certainly happen
          • R v Nedrick - Nedrick test - D foresaw death or serious injury as a virtual certain consequence of his or hers voluntary actions
            • R v Woolin - confirmed
    • Unlawful Act Manslaughter
      • Actus Reus
        • must occur through an act not an omission
        • if you deliberately neglect to do something it will not be grounds for UAM
      • the act was so dangerous that a sober and reasonable person would inevitably recognise that some harm could occur
        • R v Church
        • R v Woolley and Campbell
        • R v JM and SM
        • Untitled
      • it was the act that caused death
      • the accused has committed an unlawful act
        • R v Lamb
        • R v Corion-Augustine
        • MR - that of the crime comitted
          • DPP v Newbury and Jones
            • convicted even if they did not realise that that act can cause harm to another

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