Murder
- Created by: Launston
- Created on: 13-05-14 12:42
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- Murder
- Actus Reus
- Unlawful killing
- Self defence is excluded but mercy killing is not - Inglis
- Under the Queen's Peace
- Not applicable in times of war
- Acceleration of death
- Bland - doctor's excluded if purpose is to relieve pain and not kill
- Omissions
- No liability unless there is a duty to act by relationship, contract, assumption of responsibility or dangerous situation
- Factual and legal causation
- Unlawful killing
- Mens Rea
- Express malice
- Intention to kill
- Direct
- Oblique
- Woollin virtual certainty test
- Intention to kill
- Implied malice
- Intention to cause GBH
- DPP v Smith: 'really serious harm'
- Criticised as non-murderers are liable for murder
- Justification: need to take responsibility for unforeseen consequences of actions
- Endorsed in Rahman
- Justification: need to take responsibility for unforeseen consequences of actions
- Intention to cause GBH
- Malice aforethought
- Express malice
- Actus Reus
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