Murder
- Created by: si1121
- Created on: 26-01-22 19:43
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Murder is a common law offence.Defined in Chief Justice coke:” Murder is the unlawful killing of a human being under the Queen’s Peace with malice aforethought.”
Actus Reus:
-The unlawful killing of a reasonable creature in being,under the Queen’s peace.
-AR can committed by omission in the case of Gibbons and Proctor under the duty to act.
Reasonable creature in being:
-Foetus (AG Reference)
-Brain Dead(Malcherek)
Causation:
(1) Factual Causation
Legal test:But for test (Pagett)
But for the defendant actions,the victim would not…
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