UNLAWFUL. soldier manning checkpoint shot and killed passenger as car didn't stop. HELD: last shot was excessive force as danger had passed
1 of 12
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)
2 of 12
Pagett
D used V as human shield
3 of 12
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
4 of 12
Malcherek
Doctors can turn off life support machine if person is brain dead
5 of 12
Definition of murder
Unlawful killing of reasonable person under king or queens peace with malice aforethought express or implied (sir coke)
6 of 12
NHS trust v Bland
Treatment no longer useful to V so hospital could turn off life support
7 of 12
3rd part of actus reus
Under king or queens peace but soldiers killing in war is not murder
8 of 12
Causation
Death of V has to be direct result of D. Factual and legal causation
9 of 12
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
10 of 12
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
11 of 12
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
12 of 12
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
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
Card 5
Front
Doctors can turn off life support machine if person is brain dead
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