murder cases

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  • Created by: hwelch17
  • Created on: 31-05-19 19:11
lord coke - definition of murder/ AR
unlawful killing of an reasonable person being and under the queens peace, with malice aforethought, express or implied
1 of 10
gibbons v proctor (AR of murder)
can be a positive act or an omission
2 of 10
malcherek
doctors are permitted to switch off the life support of someone who is 'braindead'
3 of 10
White (factual causation)
but for D's actions, would v have died?
4 of 10
smith (legal causation)
D must be the operative and substantial cause of the death, more than just a minimal cause
5 of 10
pagett (legal causation)
must be a clear link between D's actions and V's death
6 of 10
blaue (legal causation)
D must take the V as they find them
7 of 10
Vickers - MR of murder
intention to kill or cause GBH, express or implied
8 of 10
woolin
oblique intention = D did not intend the death, but death or serious injury were a virtual certainty and D appreciated this
9 of 10
moloney
HOL held that nothing less than the actual intention to kill or cause serious injury can constitute the MR for murder. the mere foresight of probable death or serious injury was not in itself intent, although could be evidence -jury infers intention
10 of 10

Other cards in this set

Card 2

Front

gibbons v proctor (AR of murder)

Back

can be a positive act or an omission

Card 3

Front

malcherek

Back

Preview of the front of card 3

Card 4

Front

White (factual causation)

Back

Preview of the front of card 4

Card 5

Front

smith (legal causation)

Back

Preview of the front of card 5
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