Causation & A01 INFO FOR DR/LOSSOFCONTROL/ Flashcards
MR OF MURDER
intention to kill/cause GBH
lord coke definition of murder
unlawfully killing of another human beings with malice aforethought
AR of murder
causing death
of another human being ]
under the queens peace
within any country of the realm
causation established in fact(say case)
kimsey, white
causation established in law (say case)
merschant&muntz and Dalloway
intervening act(Novus actus intervenien) SELF NEGLECT(CASE)
Dear,holland (wont break the chain
intervening act
extraordinary event
pagget (only this will break the chain)
IA
actions of 3rd party (3 cases& explain when to use)
smith 59 (wound has to be operating and substantial at time of death)
Cheshire ( if problem develop during problem)
Jordan (allergies)
IA
fright and flight case)
Roberts
IA
egg shell skull (case& explain the rule )-V dies/injured of a injury that they didn’t know was vulnerable D still got no defence
mamonte kulang-
the accused must take their victim as they find them
Malice aforethought which Maloney means …
intention to kill(express malice)
intention to cause GBH(implied malice)
gbh defined in …
smith 61 as really serious harm
but in Saunders serious harm