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  • Created by: Flossie12
  • Created on: 03-01-16 11:54

1. 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
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2. 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

3. What is the first part of the acts reus

  • Unlawful killing, committed by an act or an omission
  • An unlawful killing

4. What is the definition of murder by Sir Edward Coke

  • A person kills under the King or Queens peace
  • 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
  • The person has malice aforethought, express or implied

5. 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


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