Murder
- Created by: Janki
- Created on: 07-12-14 11:18
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- Murder
- Actus Reus
- Causaton issues
- Smith & Cheshire - The defendant must be a substantial / operating cause of death.
- Jordan - Medical treatment may break the chain if it is 'palpably wrong'
- Roberts - The defendant themselves is not an intervening act if their actions were reasonable foreseeable
- Williams - The defendant may be an intervening act if their actions were not reasonably foreseeable
- Blaue - thin skull principle; you must take your victim as you find them, even if V has a greater susceptibility to harm than could have been expected
- White + Paggett - D must be the factual cause of death ('but for test'
- Causaton issues
- Mens Rea
- The MR can be established if D shows intent to kill (express) or intent to cause GBH (implied)
- Direct Intent - where D clearly wants the illegal outcome (whether that be death or GBH)
- Mohan - the defendant had direct intent to kill
- Vickers - if the defendant intends to inflict GBH and the victim dies, this is sufficient to imply malice aforethought
- Oblique Intent - defined in the Nedrick/ Woolin direction which states that D must be virtually certain of the outcome of their actions to be death or serious injury
- Hyam - D must habe forsee death as probable
- Direct Intent - where D clearly wants the illegal outcome (whether that be death or GBH)
- The MR can be established if D shows intent to kill (express) or intent to cause GBH (implied)
- Lord Coke - the unlawful killing of a human being under the Queen's peace with malice aforethought express or implied
- Actus Reus
- The MR can be established if D shows intent to kill (express) or intent to cause GBH (implied)
- Direct Intent - where D clearly wants the illegal outcome (whether that be death or GBH)
- Mohan - the defendant had direct intent to kill
- Vickers - if the defendant intends to inflict GBH and the victim dies, this is sufficient to imply malice aforethought
- Oblique Intent - defined in the Nedrick/ Woolin direction which states that D must be virtually certain of the outcome of their actions to be death or serious injury
- Hyam - D must habe forsee death as probable
- Direct Intent - where D clearly wants the illegal outcome (whether that be death or GBH)
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