Murder

Question 1

Definition of murder

Answer 1

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

Question 2

what does factual causation ask + case name

Answer 2

“But for the D’s actions, would the result have happened anyway” (WHITE)

Question 3

What does legal causation ask + case name

Answer 3

Was D a significant contribution to the death, was the D more than a slight or trifling link (KIMSEY)

Question 4

Escape attempt/ Vs own actions
- rule of law and case name

Answer 4

Roberts - Chain doesn’t break if C actions are reasonable and foreseeable

Question 5

Bad medical treatment
- case name and rule of law

Answer 5

Cheshire - V’s original unguided must still be an operating and substantial cause to the result

Question 6

V doesn’t seek treatment
- case name and rule of law

Answer 6

Holland - V is under no legal obligation to seek medical help

Question 7

Acts of a third party
- case name and rule of law

Answer 7

Pagett - D has made a contribution to the result

Question 8

Switching off life support machine
- case name and rule of law

Answer 8

Malcherick and steel - no break in the chain

Question 9

Thin skull rule
- case name and rule of law

Answer 9

Blaue - must take V as you find them

Question 10

What is the Men’s Rea

Answer 10

Intention to kill or cause GBH

Question 11

Two types of intention + case name + rule of law

Answer 11

Direct intent - mohan - v’s aim purpose and desire
Indirect intent - Woolin - virtually certainty test

Question 12

Virtually certain test

Answer 12

1. Was death or serious injury virtually certain as a result of D actions (objective)
2. Did the D realise this (subjective)