Murder
- Created by: alliehxtch18
- Created on: 23-05-18 10:10
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- Murder
- D could be charged with muder
- murder is defined in common law as unlawfully killing with malice aforethought
- the actus reus is unlawfully (Martin) killing a reasonable creature in being (Malcherek) under the queens peace (DPP v Clegg)
- here, D has unnecessarily caused V - a human being - to die by...
- Causation - Only discuss if there are issues
- factual causation uses the but for test (Pagett)
- legal causation is proven with the operative and substantive test - meaning a significant cause (Smith)
- Blaue shows D must take V as he finds him
- Intervening Acts ..
- the mens rea of murder is 'malice aforethought'
- this can be express or implied
- express malice means D intends to kill
- implied malice means D only intended GBH (Vickers), which is defined in DPP v Smith as really serious harm
- Furthermore, D can have direct or oblique intention
- Direct intention - defined in Mohan as a decision or aim to bring about the prohibited consequence
- Matthews and Alleyne says the jury may find oblique intention by considering the Woollin test
- Is the consequence a virtual certainty ? does D know this ?
- Matthews and Alleyne says the jury may find oblique intention by considering the Woollin test
- Direct intention - defined in Mohan as a decision or aim to bring about the prohibited consequence
- Furthermore, D can have direct or oblique intention
- implied malice means D only intended GBH (Vickers), which is defined in DPP v Smith as really serious harm
- express malice means D intends to kill
- this can be express or implied
- legal causation is proven with the operative and substantive test - meaning a significant cause (Smith)
- factual causation uses the but for test (Pagett)
- Causation - Only discuss if there are issues
- here, D has unnecessarily caused V - a human being - to die by...
- the actus reus is unlawfully (Martin) killing a reasonable creature in being (Malcherek) under the queens peace (DPP v Clegg)
- murder is defined in common law as unlawfully killing with malice aforethought
- D could be charged with muder
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