Murder
- Created by: ellasmith.
- Created on: 30-03-20 11:37
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- MURDER
- 'Unlawful killing of a reasonable person in being, under the Queen's peace, with malice aforethought - express or implied
- Actus Reus
- 1. D killed - Causation
- 2, A reasonable person in being
- 'Removal of life support machines does NOT lead to murder - Malcherek and Steel
- 3. Under the Queen's Peace - Clegg, Blackman
- 4. The killing was unlawful
- If the killing is in self defence or prevention of another crime; it is not unlawful - Re A 2000
- Mens Rea
- 1. Express malice aforethought
- "Intention to kill" - direct or oblique - Mohan or Woollin
- 2. Implied malice aforethought
- "Intention to cause GBH" - R v Vickers & Cunningham
- 1. Express malice aforethought
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