What 4 points must be listed in the murder introduction?
Life Sentence Most serious criminal offence Common law ofence Actus reus and mens rea to both be proven
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What is the actus reus of murder?
The defendant did the act or omitted to do a legally recognised duty. (an act or omission) The act was deliberate. The act was unlawful. (As opposed to killing in self defence). The act was a significant cause of death.
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What case supports factual causation?
R.v.White
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What is the 'but for' test?
But for D's actions, harm would not have occured to V
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What cases support legal causation?
R.v.Smith and R.v.Cheshire
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What does 'operating and substantial cause mean'?
Main Cause of the harm to the victim
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What is the definition of novus actus intervienens?
An intervening act e.g. Act of God or a reckless act of a person that intervenes so that D is not responsible.
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What type of case is R.v.Roberts used for?
Escape cases
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What case demonstrates the thin skull rule?
R.v.Blaue
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What is the mens rea of murder?
Maliceaforthought - intent to cause GBH
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Who developed the definition of actus reus and mens rea?
Sir Edward Coke
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Define direct intent for murder:
Where it is D's main aim to kill or cause GBH
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What case supports direct intent?
R.v.White
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Define oblique intent for murder:
D caused the illegal result, knowing that the consequence was virtually certain (foreseeable)
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What cases support oblique intent?
R.v.Woollin and R.v.Hancock and Shankland
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Define transferred malice:
Where D intended to hurt IV but hurt the AV instead
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What cases support transferred malice?
R.v.Latimer and R.v.Savage
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Define the contemporaneity rule:
Where the actus reus occured 1st and the mens rea developed later
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What cases support the contemporaneity rule?
Thabo Mehli.v.R and R.v.Fagan
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Other cards in this set
Card 2
Front
What is the actus reus of murder?
Back
The defendant did the act or omitted to do a legally recognised duty. (an act or omission) The act was deliberate. The act was unlawful. (As opposed to killing in self defence). The act was a significant cause of death.
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