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  • 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
          • 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
    • Causation
      • Factual
        • But for test
          • White/Pagett
      • Legal
        • Between substantial and minimal
          • Cato
        • Thin skull rule
          • Blau
        • Intervening acts (medical negligence)
          • Smith/Jordan
        • Victims own acts
          • Roberts/Williams
      • Chain


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