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My Law Revision Cards > Murder > Flashcards

Murder Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Murder definition

A

Unlawful killing of a human being with the intention to kill or cause GBH

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2
Q

What is factual causation ?

A

“But for test” - But for the D’s Acton’s would the result have happened anyway

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3
Q

What is the case for factual causation ?

A

White

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4
Q

What is legal causation ?

A

Was D a significant cause of the death, more than a “slight or trifling link “

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5
Q

What is the case for legal causation ?

A

Kimsey

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6
Q

What intervening act relates to the Roberts case ?

A

Escape attempts, must be reasonable or foreseeable will not break the chain

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7
Q

What Intervening act links to the Cheshire case ?

A

Bad medical treatment, as long at the original injuries by the D were an ‘operating and substantial’ cause of death

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8
Q

What intervening act links to the Blaue case ?

A

Thin skull rule - must take your victim as you find them will not break chain

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9
Q

What intervening act links to the pagett case ?

A

Acts of a third party - if D has made a contribution the chain will not be broken

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10
Q

What intervening act links to the Holland case ?

A

Victim refusing medical treatment - no legal obligation to seek medical help

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11
Q

What Intervening act links to the malcherik and Steele case ?

A

Switching off life support machines won’t break the chain

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12
Q

What is direct intent ?

A

Obvious D intended the outcome

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13
Q

What is the case for direct intent ?

A

Mohan v R

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14
Q

What is indirect intent ?

A

Not obvious D Intended the outcome

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15
Q

What is the case for indirect intent ?

A

Woolin- virtually certain test

Was death/ serious injury virtually certain ?
Did the D realise this - subjective test

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16
Q

What is transferred malice ?

A

Where the intention is transferred from the intended v to the actual v

17
Q

What is the case example for transferred malice

A

Latimer

18
Q

What is the coincidence rule ?

A

When the actus Reus and the men’s rea are at the ‘point’ the crime will occur

19
Q

What is the case example for the coincidence rule ?

A

Church

20
Q

What is an omission ?

A

When the law gives someone a legal duty to act

21
Q

What are the 4 examples of omissions ?

A

Contractual duty
Special relationship
Voluntary assumption of duty
Creating a dangerous situation

22
Q

What is the case example for a contractual duty ?

A

Pitwood

23
Q

What is the case example for special relationship + voluntary assumption of a duty ?

A

Gibbons + proctor

24
Q

What is the case example for creating a dangerous situation ?

A

Miller

25
Q

What is a Statutory duty ?

A

A duty to act based on an Act of parliament eg specimen of breath

My Law Revision Cards (8 decks)

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