Murder

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What is the actus reus of murder?
An unlawful killing of a reasonable person in being under the Queen's peace
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What must the victim be?
Of independent existence
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What must the act be?
The act must be unlawful and not take place in the time of war
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What must we prove for murder?
The factual cause, the legal cause and the chain of causation
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What do we use to prove the factual cause?
the 'but for' test
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What is the 'but for' test and which case was it seen in?
Would the victim have suffered 'but for' the defendant's actions? The case of Pagett
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What two can we use to prove the legal cause?
The 'de minimus rule' or the 'thin skull rule'
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What is the 'de minimus rule' and what case was this seen in?
The defendant must be more than the minimal cause of death, but not necessarily the substantial cause. The case of Cato
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What is the 'thin skull rule' and what case was this seen in?
The defendant must take the victim as they find them and accept all responsibility. The case of Blaue
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What is the chain of causation?
A direct link between the defendant's actions and the consequence
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What three things can break the chain of causation?
A natural but unpredictable act, the victim's own act or the act of a third party
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What cases can be used to show the victim's own act?
Williams or Roberts
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What cases can be used to show an act of a third party?
Jordan or Smith
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What is the mens rea for murder and which case was this shown in?
Malice aforethought, express or implied, basically the intention to kill or cause GBH as seen in the case of Vickers
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What is foresight of consequences?
Where the defendant would see the consequence of his actions
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What two cases can be used to show foresight of consequences?
Woolin or Nedrick
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Other cards in this set

Card 2

Front

What must the victim be?

Back

Of independent existence

Card 3

Front

What must the act be?

Back

Preview of the front of card 3

Card 4

Front

What must we prove for murder?

Back

Preview of the front of card 4

Card 5

Front

What do we use to prove the factual cause?

Back

Preview of the front of card 5
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