Murder Flashcards
ReA
Unlawful killing:
Mary and jodie were conjoined twins and would both die if not separated. If they were separated mary would have a strong change of surviving . The parents didn’t consent for the operation but the courts dismissed this as it was lawful.
gibbons v proctor
Unlawful killing:
gibbons daughter, Nelly was kept away and starved to death, their failure to provide for their daughter lead to her death therefore they where liable
attorney generals reference (No 3 of 1994)(1997)
FACTS
The defendant stabbed his pregnant girlfriend in the face, abdomen and back, 17 days after she gave birth prematurely and gave birth to a live baby the baby died 121 days later due to the premature birth.
attorney generals reference (No 3 of 1994)(1997)
LEGAL PRINCIPLE
For the defendant to be liable, the foetus be who must be wholly expelled from the womb
r v inglis
FACTS
Thomas had fallen out of an ambulance after suffering head injury’s he had life saving surgery and was in a vegetative state the doctors had hoped he would make a recovery. However the defendant didn’t believe this and wanted to end his suffering. she injected him with a lethal dose of heroin intending to kill him
malcherek and steel
Doctors will not break the chain of causation when they switch Off life support as you are legally dead when you are brain stem dead
r v vickers
FACTS
The defendants burglary of a shop lead to the victim discovering the defendant so the defendant struck the victim with several blows. The victim died from shock due to injury’s
r v vickers
LEGAL PRINCIPLE
He hadkilled a person with the necessary malice a forethought MPs eds from act he intendenhering to cause gah.
r v cunningham
FACTS
The defendant attacked the victim in a pub believing the victim had a sexual relationship with his fiancé. The defendant knocked him to the ground and struck him with a bar stool, the victim died
r v cunningham
LEGAL PRINCIPLE
Intention to cause GBH but not to cause death is sufficient to establish the mens rea for murder. malice aforethought has never been limited to the intention to kill or endanger life