Murder
- Created by: Lizzie
- Created on: 06-04-14 13:31
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- Murder
- Coke's Definition
- Unlawful Killing
- self defence
- by omission
- Stone + Dobinson
- Gibbins + Procter
- Miller
- Untitled
- man of sound memory
- age of discretion unlawfully killeth
- within any country of the realm in rerum natura
- under the king's peace with malice aforethought either expressed by the party or impllied by law
- Mens Rea
- Intention to kill or cause GBH
- Subjective test
- Did the defendants set out to achieve the particular result?
- Moloney- "true desire to bring about the consequences"
- Vickers- Intention to cause GBH is sufficient
- Subjective test
- Indirect intention
- Woollin
- was the death or serious injury a virtual certainty?
- Was the defendant aware of this?
- Moloney- foresight of consequences is not intention
- Hancock and Shankland- the greater the probability of a consequences the more likely it was foreseen
- Nedrick- jury not allowed to infer the necessary intention unless death or serious injury was a virtual certainty
- Matthewsand Alleyne- foresight of consequences is only evidence of intention- it does not prove it is present
- Woollin
- Intention to kill or cause GBH
- Mens Rea
- Unlawful Killing
- Causation
- Factual
- But for test
- White/Pagett
- But for test
- Legal
- Between substantial and minimal
- Cato
- Thin skull rule
- Blau
- Intervening acts (medical negligence)
- Smith/Jordan
- Victims own acts
- Roberts/Williams
- Between substantial and minimal
- Chain
- Factual
- Coke's Definition
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