Murder

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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 ?

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