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?
    • 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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