Murder and loss of control

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  • Murder and loss of control
    • AR-unlawful killing of a human being under the Queen’s peace
      • Killing and death- Malchereck and Steel-life support turned off, doesn’t break chain of causation (brain dead)
      • Time limit- Law Reform Act 1996- more than 3 years, Attorney General’s consent needed to prosecute
    • MR- malice aforethought (intention to kill or GBH)
      • Direct intent- Mohan-desires consequence and brings it about with his actions
      • Transferred malice- Gnango/ Mitchell- MR could be transferred as intended and actual crimes were the same
      • Coincidence rule- continuing act (Fagen-closely in time). Series of events(Church and Thabo Meli)
    • Objective test- Asmelash- person of D’s sex, age, with normal tolerance and self restraint would not have reacted simillarly
    • Reduces liability to m/s. CJA 2009:1)loss of self control, qualifying trigger, objective test
    • 1) loss of control
    • 2)qualifying trigger


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