MURDER AND VOL MANS mindmap LAW 03
- Created by: abic1
- Created on: 26-02-18 14:39
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- MURDER AND VOLUNTARY MANS.
- The unlawful killing of a human being under the Queen's peace with malice aforethought
- actus reus: Unlawful killing of a human being under the Queen's peace
- Only time a killing is lawful
- In war
- Switching life support off
- In self-defence
- Human being
- Child must be completely expelled from their mother REEVES
- Separate offences of child destruction and procuring an abortion AG REF 1994
- A person is dead when
- Brain activity ceases
- No longer breathing without support MALCHEREK
- Under the Queen's peace
- A killing of an enemy at war is not murder
- Omissions
- Duty under contract to act ADOMAKO
- Status or position DYTHAM
- Duty because of relationship GIBBINS v PROCTOR
- Voluntarily assumed responsibility STONE & DOBINSON
- Dangerous situation caused and failed to be put right by defendant MILLER
- Questions that have to be asked if there is an omission
- Was there a duty of care? DONOGHUE v STEVENSON
- Was there a breach of that duty? GIBBINS v PROCTOR
- Did the omission cause the death?
- Only time a killing is lawful
- mens rea: With malice aforethought
- Express malice = intention to kill
- Implied malice = intention to cause GBH
- Direct Intention
- Defendant intended the consequence of their actions MOHAN
- Indirect Intention
- Consequence was not the main purpose of the act
- s8 CRIMINAL JUSTICE ACT
- Only foresight of intention, not intention itself
- jury can infer intention if they want to NEDRICK
- Death or serious harm was a virtual certainty
- If defendant foresaw death or GBH as a virtual certainty
- The case of WOOLIN upheld precedent set in NEDRICK
- Means intention to kill or cause GBH VICKERS
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