Murder

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  • Created by: rachel
  • Created on: 11-06-14 18:16

Murder

Unlawful killing with malice aforethought.

Actus Reus- Unlawful killing under the Queen's peace of a reasonable creature in being.

Can be through omission- Stone and Dobinson (voluntary) , Gibbons and Proctor (relationship).

AG's Ref (no 3 of 1994)- A foetus becomes a human being when it is expelled of it's mother, and capable of independent existance.

Clegg- not in wartime situation.

Malcharek- Switching off live support machine of a patient who is brain dead does not break chain of causation. Brain death = death.

Airedale Trust v Bland- May withdraw life-sustaining treatment if in patients best interest to do so, and the courts have agreed.

Must prove causation.

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Murder 2

Malice aforethough.

Express- Intention to kill. Implied- Intention to cause GBH.

Implied- Vickers- GBH intention is sufficient for murder. Lord Goddard- If D has such disregard for V's life, he will only live/die by chance. DPP V Smith- GBH is 'really serious harm'.

Express intention- Direct or Indirect- Mohan/Woollin.

Implied intention- Direct or Indirect- Mohan/Woollin.

Matthews and Alleyne- foreseeing death/GBH is not intention in itself, it is just included in the evidence from which intention can be found. All elements must be looked at.

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