Murder

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  • 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'
    • 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
    • Lord Coke - the unlawful killing of a human being under the Queen's peace with malice aforethought express or implied
  • 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

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