Murder

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  • Created by: Gg18
  • Created on: 08-03-19 15:02
What is the general principle of killing by omission?
D has no criminal liability for a failure to act
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What are the legal duties to act where D may be found liable for killing by omission?
By contract, family relationship, voluntarily assuming responsibility or creating a dangerous situation
2 of 11
What is the general principle for causation in the killing?
P must prove D's actions caused V's death in fact, law and there was so break in the chain
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What does it mean by the killing by D must be unlawful?
D has no defence in law e.g self-defence
4 of 11
What is the mens rea for murder?
Malice aforethought (intention to kill) or intention to cause GBH
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What is express malice?
D intends to kill
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What is implied malice?
D intends to commit GBH but V dies
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Why was the sentence of murder imposed in R v Vickers?
Malice aforethought (intention to commit GBH) is a necessary constituent of murder
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What is direct intention?
D intends death or GBH, it's his main aim or purpose R v Mohan
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What is Indirect Intent?
Where the actual outcome of D's actions was not his main aim or purpose but the outcome was virtually certain to occur
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Where may the jury find intention?
D foresaw that result as a virtually certain consequence of his actions
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Other cards in this set

Card 2

Front

What are the legal duties to act where D may be found liable for killing by omission?

Back

By contract, family relationship, voluntarily assuming responsibility or creating a dangerous situation

Card 3

Front

What is the general principle for causation in the killing?

Back

Preview of the front of card 3

Card 4

Front

What does it mean by the killing by D must be unlawful?

Back

Preview of the front of card 4

Card 5

Front

What is the mens rea for murder?

Back

Preview of the front of card 5
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