Murder 1
- Created by: Alex.Byrne
- Created on: 24-05-18 16:29
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- Murder 1
- What?
- Issues which are key:
- Reasonable creature
- Unlawfully kills
- In being
- Sound mind
- Under Queens peace
- Exception of killing an enemy in war
- Unlawful killing- act factual legal cause of death
- Certain defences
- Human being- living not foetus
- Death within a year and a day
- Abolished in 1996- life support/ medical advances
- Malice- aforethought
- Intention to kill or cause serious harm; merely foreseeing death as probable insufficient
- Crime of specific intent- direct (desired death) or oblique intent
- Death seen as virtually certain, though not desired
- Issues which are key:
- Actus Reus of Murder
- Illegal
- Kill= cause of death
- Causation
- When causation is an issue, it is a mixed question of law and fact
- Not normally problematic
- In order to break chain of causation, the test is whether the act is so completely independent of the chain of events set in motion by D, that it is regarded as the cause, rather than the D's act
- Medical intervention will generally not break the chain of causation
- Causation in Fact
- If "yes", -D not liable for causing death
- But for actions of D, would V have died?
- If "no", look at legal causation
- Causation in Law
- D has caused death where his act..
- Is a "substantial and operating" cause of victims death
- Has "contributed significantly" to V's death
- Is a "significant" cause of V's death
- D has caused death where his act..
- Illegal
- Mens Rea of Murder
- Malice aforethought
- The intention to kill (express malice)
- OR
- The intention to cause GBH (implied malice)
- OR
- What?
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