'The unlawful killing of a reasonable person in being with malice aforethought expressed or implied. how an unlawful killing has occured; caused by ...
1 of 11
Factual Causation; Padgett
But for the d using the v as a human shield she wouldnt have been killed. APPLY.
2 of 11
Legal Causation; Smith
The substantial and operative cause was the blood loss caused by the gun shot wound from the D.
3 of 11
Victims own Act
Roberts; the v's act must be so 'daft/unforseeable' to break the novus actus interveniens.
4 of 11
Thin Skull Rule
Blaue; the D must take his victim 'as they're found' despite the v refusing a life saving blood transfusion on religious grounds he was still liable.
5 of 11
Medical treatment
Jordan; medical treatment must be palpably wrong to break the novus. Cheshire; the medical treatment was not to independant that it could break the chain.
6 of 11
Act of a third party
Rafferty; the act of a co - defendant must aim to worsen the sitution; only this will break the novus actus.
7 of 11
Mens Rea
For the crime of murder the mens rea is the DI to kill or cause really serious harm
8 of 11
Mohan
D directly intended to bring about the consequences so had the DI for murder
9 of 11
Woolin
Were the consequences caused by the D a VC result and was the D aware of this.
10 of 11
Cunningham
The DI for gbh (really serious harm) is sufficiant as the mens rea for murder.
11 of 11
Other cards in this set
Card 2
Front
But for the d using the v as a human shield she wouldnt have been killed. APPLY.
Back
Factual Causation; Padgett
Card 3
Front
The substantial and operative cause was the blood loss caused by the gun shot wound from the D.
Back
Card 4
Front
Roberts; the v's act must be so 'daft/unforseeable' to break the novus actus interveniens.
Back
Card 5
Front
Blaue; the D must take his victim 'as they're found' despite the v refusing a life saving blood transfusion on religious grounds he was still liable.
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