Murder

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Lord Coke definition
'The unlawful killing of a reasonable person in being with malice aforethought expressed or implied. how an unlawful killing has occured; caused by ...
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Factual Causation; Padgett
But for the d using the v as a human shield she wouldnt have been killed. APPLY.
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Legal Causation; Smith
The substantial and operative cause was the blood loss caused by the gun shot wound from the D.
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Victims own Act
Roberts; the v's act must be so 'daft/unforseeable' to break the novus actus interveniens.
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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.
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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.
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Mens Rea
For the crime of murder the mens rea is the DI to kill or cause really serious harm
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Mohan
D directly intended to bring about the consequences so had the DI for murder
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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.
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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

Preview of the back of card 3

Card 4

Front

Roberts; the v's act must be so 'daft/unforseeable' to break the novus actus interveniens.

Back

Preview of the back of card 4

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.

Back

Preview of the back of card 5
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