Murder Flashcards
definition of murder
the unlawful killing of a human being with the intention to kill or cause GBH
What is the actus reus of murder
must be a human being
must be unlawful killing
when are killings classes as lawful
time of war
necessity
self defense
what is the case for killing out of necessity
Re A
when is a person classes as a human being
when they have independent existence from the womb
what is the case for factual causation
white
what is the test for factual causation
but for test
what is the case for legal causation
kimsey
what is the test for legal causation
slight or trifling link
what is the mens rea for murder
the intention to kill or cause GBH
what is direct intent
it was the d’s aim and desire to produce a certain result
what is the case for direct intent
Mohan
what is oblique intent
the outcome was foreseeable/ virtually certain
what is the case for oblique intent
Woolin
