1. What is the first part of the acts reus
- Unlawful killing, committed by an act or an omission
- An unlawful killing
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2. what is the 'unlawful killing' killing case and what happens?
- R v Clegg- soldier manning checkpoint, shot and killed passenger in car when they didn't stop. HELD: firing last shot after danger had passed was excessive force
- NHS Trust v Bland
3. What is the 'lawful killing' case and what happens?
- NHS Trust v Bland- hospital applied for permission to turn off life support. HELD: in the circumstances, treatment was no longer useful to V.
- R v Clegg
4. What is the last part of the actus reus
- Causation, death of V has to be direct result of D's actions. Using BUT FOR test to determine factual causation and operating and substantial causes determine legal causation.
- Malice aforethought express or implied
5. What is the definition of murder by Sir Edward Coke
- The unlawful killing of a reasonable person in being under the king or Queen's peace with malice aforethought, express or implied.
- A person unlawfully kills a reasonable person
- A person kills under the King or Queens peace
- The person has malice aforethought, express or implied