Murder (LAW04)

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  • Murder: definition: the unlawful killing of a reasonable creature, under the Queens peace, malice aforethought, express or implied
    • AR: an act which brings about the death
    • MR: the intention to kill or intention to cause GBH
      • Intention to kill: to bring about a specific aim, objective or consequence (Mohan)
      • Indirect Intention:do they feel that the death of serious injury was the virtual certainty of D's voluntary act? And did the D foresee that both death or serious injury would be a virtual certainty of his act (Nedrick)
      • To find intention: Be sure that death or serious certainty was a virtual certainty of D's actions. D is fully aware that death or serious injury would be a virtual certainty of his actions (Woolin)
      • To infer intention: House of Lords confirmed when death or serious injury is foreseeable it is not the same as intention but can be seen to infer intention
    • Dimished Responsibility
      • Section 2 Homicide Act 1957 Section 52 Coroners & Justice Act 2009
        • Abnormality of MF (Byrne), Recognised Medical Condition, Substantially Impairs (Egan) and Provides an Explanation
          • Abnormality of MF: 'a mind so different of an ordinary person that the reasonable man would deem it as such'
          • Recognised Medical Condition (passed by 2 medical experts( e.g. epilepsy, depression, PTSD etc
          • Substantially Impairs: to understand the nature of D's conduct, to form a rational judgement and to exercise self-control
      • Defences for Murder
        • Loss of Control
          • Section 54 and S55 of Coroners and Justice Act 2009
            • Section 54: loss of self-control, self-control was lost due to a qualifying trigger and objective test 'a person of the same sex and age of the D with a normal degree of tolerance and self-restraint would have reacted in a same or similar way
            • Section 55: D's loss of self-control was attributable to D's serious violence from V against the D or another identifiable person and was the D's loss of control attributable to things said or done which constituted circumstance of an extremely grave character that caused the D to have a justifiable sense of being seriously wronged
          • Three elements: lost of self-control and killed, the qualifying triggers and the objective test
            • Sexual Infidelity or Incitement do not count towards loss of control as stated in Section 55 6a, 6b and 6c

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