Murder

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  • Created by: Flossie12
  • Created on: 03-01-16 12:26
R v clegg
UNLAWFUL. soldier manning checkpoint shot and killed passenger as car didn't stop. HELD: last shot was excessive force as danger had passed
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R V Hancock and Shankland
Striking miners there concrete slab to block entrance of mine onto the road but hit taxi and killed driver. HELD: NG as didn't foresee consequences= indirect intent ( their aim was something else)
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Pagett
D used V as human shield
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A-G reference 1994
D stabbed pregnant girlfriend= gave birth prematurely and baby and later died due to complications HELD: manslaughter as baby wasn't reasonable person in being at the time
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Malcherek
Doctors can turn off life support machine if person is brain dead
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Definition of murder
Unlawful killing of reasonable person under king or queens peace with malice aforethought express or implied (sir coke)
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NHS trust v Bland
Treatment no longer useful to V so hospital could turn off life support
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3rd part of actus reus
Under king or queens peace but soldiers killing in war is not murder
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Causation
Death of V has to be direct result of D. Factual and legal causation
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1st part of mens rea and case
No need for malice (desire to harm) or aforethought (planned) just intention to kill or GBH e.g Vickers- D uttered threats and showed weapon, meant GBH but killed V
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Last part of men's rea and 2 case names
Foresight of consequences, D's main aim is something else e.g r v Hancock and Shankland and Nendrick
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Nendrick
Paraffin through letter box and set aligh=child died in fire QUESTIONS: is death or serious bodily harm a virtually certain consequence and did foresee that death or the harm was virtually certain consequence? YES TO BITH=infer intent
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Other cards in this set

Card 2

Front

Striking miners there concrete slab to block entrance of mine onto the road but hit taxi and killed driver. HELD: NG as didn't foresee consequences= indirect intent ( their aim was something else)

Back

R V Hancock and Shankland

Card 3

Front

D used V as human shield

Back

Preview of the back of card 3

Card 4

Front

D stabbed pregnant girlfriend= gave birth prematurely and baby and later died due to complications HELD: manslaughter as baby wasn't reasonable person in being at the time

Back

Preview of the back of card 4

Card 5

Front

Doctors can turn off life support machine if person is brain dead

Back

Preview of the back of card 5
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