Murder Flashcards
Definition of murder
Unlawful killing of a human being with the intention to kill or cause GBH
what does factual causation ask + case name
“But for the D’s actions, would the result have happened anyway” (WHITE)
What does legal causation ask + case name
Was D a significant contribution to the death, was the D more than a slight or trifling link (KIMSEY)
Escape attempt/ Vs own actions
- rule of law and case name
Roberts - Chain doesn’t break if C actions are reasonable and foreseeable
Bad medical treatment
- case name and rule of law
Cheshire - V’s original unguided must still be an operating and substantial cause to the result
V doesn’t seek treatment
- case name and rule of law
Holland - V is under no legal obligation to seek medical help
Acts of a third party
- case name and rule of law
Pagett - D has made a contribution to the result
Switching off life support machine
- case name and rule of law
Malcherick and steel - no break in the chain
Thin skull rule
- case name and rule of law
Blaue - must take V as you find them
What is the Men’s Rea
Intention to kill or cause GBH
Two types of intention + case name + rule of law
Direct intent - mohan - v’s aim purpose and desire
Indirect intent - Woolin - virtually certainty test
Virtually certain test
- Was death or serious injury virtually certain as a result of D actions (objective)
- Did the D realise this (subjective)
