Murder Flashcards
What is the definition of murder?
The unlawful killing of a human being with the intention to kill or cause GBH
What must be established about the D’s actions?
That they were the factual and legal cause of the V’s death.
What does factual causation ask?
But for the D’s actions, would the result have happened anyway?
What case is it for factual causation?
White
What does legal causation ask?
It asks was D a significant contribution to the death meaning was the D more than a “slight or trifling” link to the result
What case is it for legal causation?
Kimsey
V’s own actions/escape attempts
There is no break if V’s actions are reasonable and foreseeable
What case is used for V’s own actions?
Roberts
Bad medical treatment
No break if original injuries are still an operating and substantial cause to the result.
What case is used for bad medical treatment?
Cheshire
V doesn’t seek treatment
No break we V under no legal obligation for to seek medical help
What cause is used for V doesn’t seek treatment?
Holland
Acts of a third party
No break as long as the D had made a contribution to the result
What case is used for acts of a third party?
Pagett
Life support
No break in chain
What case is used for life support?
Malcherick and Steel
Think skull rule
No break because the D must take their V as they find them
What case is used for Thin skull rule?
Blaue
What is the mens rea for murder?
The mens rea for murder is the intention to kill or cause GBH.
What is the direct intent?
It was the D’s aim, purpose and desire to kill the V
What case is used for direct intent?
Mohan
What is indirect intent?
You should apply the virtual certainty test
What case is used for indirect intent?
Woolin
What is the first question for the virtual certainty test?
1) Was death or serious injury a virtual certainty as a result of the D’s actions?
What year or case is used for the first question of the virtual certainty test?
Objective
What is the second question of the virtual certainty test?
2) Did the D realise this?
What test or case is used for the second question of the virtual certainty test?
Subjective
