Unit 3 - Murder
- Created by: nataliefrancis1
- Created on: 29-02-16 11:33
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- Unit 3 - Murder
- Definition
- "the unlawful killing of a human being under the queens peach with malice aforethought, express of implied"
- Actus Reus
- THE DEFENDANT - must not be suffering from insanity, diminished responsibility or have the availability to the partial defence of loss of control.
- KILLING - act or omission (Gibbons v Proctor) medical treatment held not liable (Airedale NHS Trust v Bland)
- UNLAWFUL KILLING - must be unlawful, marginal acceleration of death through pain relief drugs is acceptable - R v ADAMS, euthanasia is not lawful - R V COX, R V INGLIS
- THE VICTIM - life begins at birth - AG REFERENCE NO.3 of 1994, brain stem death is acceptable - R V MALCHEREK AND STEEL
- Causation
- "But for" test - R v PAGETT, R V WHITE
- Legal causation - 3rd party intervention "palpably wrong medical treatment" - R V JORDAN, thin skull rule R V BLAUE, victims intervention - R V ROBERTS
- Mens Rea
- "malice aforethought, express or implied"
- Express - intent to kill
- Implied - intent to cause GBH - Vickers;/Cunningham
- Direct intent - desires the outcome - MOHAN
- Oblique/Indirect Intent- Did not necessarily desire a particular outcome but realised it would probably happen - WOOLIN
- "malice aforethought, express or implied"
- Definition
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