Murder

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  • 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
    • Mens Rea
      • Express malice
        • Intention to kill
          • Direct
          • Oblique
            • Woollin virtual certainty test
      • 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
      • Malice aforethought

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