murder Flashcards
murder D
the unlawful killing of a human being with the intention to kill or cause GBH
2 steps of actus reus in murder
- unlawful killing
- human being
unlawful killing D
the killing must be considered unlawful
egs of lawful killing
times of war
self defense
to save a life
human being D
independent existence outside the womb
factual causation D
but for test
factual causation source
white
legal causation D
D made signification contribution
‘more than a slight or trifling link’
legal causation source
kimsey
thin skull rule D
you must take your victim as you find them (never breaks chain)
thin skull rule source
blaue
mens rea of murder - direct intent D
the D’s aim, purpose and desire was to reach that outcome
mens rea of murder - direct intent source
mohan
mens rea of murder - indirect intent D
1 was death or GBH virtually certain as a result of D’s actions
2 the defendant realises this
mens rea of murder - indirect intent source
woollinm
murder structure
actus reus
causation
mens rea
murder actus reus structure
E - establish that killing was unlawful
A
E - establish that V is considered a human being
A
how to begin with murder structure
I - D (name) may be liable for murder
D - define murder
murder causation structure
it must be established that D’s actions were the factual and legal causation of V’s death
E - but for test (white)
A
E - legal causation, D was a significant contributor, ‘more than a slight or trifling link’ (kimsey)
A
if there is a causation rule, put here
V’s own actions
Acts of third party
Natural but unpredicatable event
thin skull rule
mens rea murder structure
E - the mens rea of murder is the intention to kill or cause GBH
Direct intent - D’s aim, purpose and desire to kill V (Mohan)
Indirect intent - virtual certainity test, was death/GBH certain, was D aware (woollin)
A
