Murder Flashcards
Murder definition
Unlawful killing of a human being with the intention to kill or cause GBH
What is factual causation ?
“But for test” - But for the D’s Acton’s would the result have happened anyway
What is the case for factual causation ?
White
What is legal causation ?
Was D a significant cause of the death, more than a “slight or trifling link “
What is the case for legal causation ?
Kimsey
What intervening act relates to the Roberts case ?
Escape attempts, must be reasonable or foreseeable will not break the chain
What Intervening act links to the Cheshire case ?
Bad medical treatment, as long at the original injuries by the D were an ‘operating and substantial’ cause of death
What intervening act links to the Blaue case ?
Thin skull rule - must take your victim as you find them will not break chain
What intervening act links to the pagett case ?
Acts of a third party - if D has made a contribution the chain will not be broken
What intervening act links to the Holland case ?
Victim refusing medical treatment - no legal obligation to seek medical help
What Intervening act links to the malcherik and Steele case ?
Switching off life support machines won’t break the chain
What is direct intent ?
Obvious D intended the outcome
What is the case for direct intent ?
Mohan v R
What is indirect intent ?
Not obvious D Intended the outcome
What is the case for indirect intent ?
Woolin- virtually certain test
Was death/ serious injury virtually certain ?
Did the D realise this - subjective test
What is transferred malice ?
Where the intention is transferred from the intended v to the actual v
What is the case example for transferred malice
Latimer
What is the coincidence rule ?
When the actus Reus and the men’s rea are at the ‘point’ the crime will occur
What is the case example for the coincidence rule ?
Church
What is an omission ?
When the law gives someone a legal duty to act
What are the 4 examples of omissions ?
Contractual duty
Special relationship
Voluntary assumption of duty
Creating a dangerous situation
What is the case example for a contractual duty ?
Pitwood
What is the case example for special relationship + voluntary assumption of a duty ?
Gibbons + proctor
What is the case example for creating a dangerous situation ?
Miller
