Murder Flashcards
R v Martin
Unlawful means unnecessary
AG Ref (3 of 1994)
Life begins at birth
Malcherek
Life ends at brain death
Airedale NHS Trust v Bland
Life sustaining treatment can be withdrawn from a patient in a persistent vegetative state as long as the court has given permission and it’s in the patient’s best interest to do so
DPP v Clegg
A country is not under the King’s peace during war
R v Pagett
Uses the ‘but for’ test, where the consequence would not have happened but for D’s conduct
R v White
Uses the ‘but for’ test, where the consequence would have happened but for D’s conduct
R v Smith
Uses the ‘operative and substantial’ test, whereby D’s actions were significant in causing the consequence
R v Pagett (intervening act)
Acts of a third party will not break the chain of causation if they are reasonable and foreseeable
R v Jordan
Acts of a medical third party will break the chain of causation if they are unreasonable, unforeseeable and palpably wrong
R v Roberts
Acts of the victim will not break the chain of causation if they are reasonable and foreseeable
R v Williams
Acts of the victim will break the chain of causation if they are unreasonable and unforeseeable
R v Blaue
The Thin Skull Rule shows you must take your victim as you find them
R v Vickers
D only intended to inflict GBH
R v Mohan
Direct intention is when D decides or aims to bring about the prohibited consequence
R v Matthews and Alleyne/R v Woollin
Oblique intention is where the consequence is virtually certain as a result of D’s actions and D knows this
