Unit 3 - Murder

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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


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