Muder Flashcards
definition of murder
unlawful killing with intent
4 parts to murder
Killing (+causation)
Unlawful
RP in being
Under Kings Peace
Killing
Can be done my an act or ommission
Case for relationship omission
Gibbins & Proctor
Case for vol assumption of care ommission
Stone & Dobinson
Case for creating dangerous situation omission
Miller
Case for contract omission
Pittwood
Case for public office omission
Dytham
Factual causation
but for test
Case - Pagett
Contrast - White
Legal causation
Operative and substantial test
Case - Smith
Acts of third party
Non medical - Pagett
Medical - Jordan
Act of victim
Didn’t break chain - Roberts
Did break chain - Williams
Thin skull rule
Blaue
Unlawful meaning
No lawful excuse
5 exceptions to unlawful
self defence
soldier return fire
police arrest
turning off life support
DNR instructions
Unlawful case
Martin
When does life begin + case
At point of birth
Attorney Generals Reference (No 3 of 1994)
When does life end + case
When brain stem is dead
Malcharek & Steel
PVS case and explain
Can turn off life support if PVS as long as have court permission and it’s in patients best interest
(Airedale NHS Trust v Bland)
What does kings peace mean
war hasn’t been declared by prime minister (live in peacetime)
(V must be under Kings Peace)
MR for murder
Malice aforethought either express or implied
Express malice means
intention to bring about death
Implied malice means
intention to cause grievous harm
Case on implied malice
Vickers
Direct intent
Mohan - aim to bring about consequence
Oblique intent
Woolin - consequence was virtually certain and D realises consequence was virtually certain
Coincidence means
AR and MR don’t happen at same time
Single transaction theory
MR happens first
Thabo Meli
Continuing act means
AR happens first
Fagan v MPC
Transferred malice
D has MR and AR but different V than intended
Latimer
MR cannot be transferred from one crime to another
R v Pembleton
