Murder

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  • Created by: kt._13
  • Created on: 24-11-21 09:54
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  • Murder
    • Mens Rea
      • Malice Aforethought,intention to kill or cause  serious harm
        • Express Malice Aforethought through direct intention. (main aim to kill)
        • Express Malice Aforethought through oblique intention (virtually certain actions would kill)
        • Implied Malice Aforethought through direct intention (main aim to cause GBH)
        • Implied Malice Aforethought through oblique intention (virtually certain actions would cause GBH)
    • Actus reus
      • Unlawfully killing under the Queen's Peace with malice aforethought.
        • -Sir Edward Coke
    • Causation
      • Causation in fact (Pagett)
      • Causation in law (Jordan)
      • Chain is broken
        • Medical treatment
        • Broken by victims own actions (Roberts)
        • Broken by a third party actions
    • Sentence
      • Guilty/Not Guilty
        • If guilty, can be imprisoned for up to life imprisonment
    • Specific Defences
      • Voluntary Manslaughter
        • Loss of Control (s.54 Coroners & Justice Act 2009)
        • Diminished responsibility  (s.2(1)Homicide Act 1957 amended by Coroners & Justice Act 2009)

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