Murder - Unit 3

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  • Created by: Carissa
  • Created on: 04-06-15 13:16
Murder Definition
The unlawful killing of a human being under the Queen's Peace with malice aforethought expressed or implied. - Sir Edward Coke
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Malice aforethought
Specific intention to kill or cause GBH
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Maloney
Defendant aims to kill
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Vickers (confirmed in Cunningham)
Defendant aims to cause GBH
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Mohan
Direct intention - 'aim or purpose'
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Woolin
Oblique intention - 'virtual certainty
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s8 Criminal Justice Act 1967
States that the jury can choose whether or not evidence of oblique intention should suffice for mens rea. They are not required to find mens rea in oblique intention
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Hyam
If oblique intent, defendant must have foreseen death as 'probable'
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Causation in fact
But for test - Cato (more than a slight or trifling link), Paggett, White
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Thin skull principle
Blaue
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Factual causation
Smith - Operating and substantial cause, Cheshire - significant contribution to end result
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Novus actus interviniens
Roberts - foreseeable, Williams - not foreseeable, Jordan, Blaue (medical treatment)
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Omissions
Pittwood, Gibbons v Proctore, Stone v Dobinson, Naughten, Miller
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Other cards in this set

Card 2

Front

Specific intention to kill or cause GBH

Back

Malice aforethought

Card 3

Front

Defendant aims to kill

Back

Preview of the back of card 3

Card 4

Front

Defendant aims to cause GBH

Back

Preview of the back of card 4

Card 5

Front

Direct intention - 'aim or purpose'

Back

Preview of the back of card 5
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