Murder Flashcards
what is the definition of murder?
the unlawful killing of a reasonable creature under the kings peace with malice aforethought express or implied
what are the omissions?
chain of events
relationship
taken on voluntarily
contractual
statutory
one official position
what is a human being and the case involved?
‘indpendant existence outside of the womb’
(AG Ref No3 1994)
what is factual causation?
‘but for’ test
r v white
what is legal causation
more than minimal and the substantial cause
r v pagett
what are the 3 novus actus intervenius?
3rd party
v own actions
act of god
what is the thin skull rule?
take victim as they are found
r v blaue
what us express malice?
where they have the intention to kill
direct intent r v Mohan
oblique intent r v woolin
what is implied malice?
intention for GBH
DPP V smith
