Murder Flashcards
What is the definition of murder
The unlawful killing of a reasonable creature in being with malice aforethought express or implied
What is an unlawful killing
When D is not acting in self defence or defence of others e.g beckford
What is a reasonable creature in being
Anyone who is not a foetus or brain dead e.g malcherek v steel
What is under the kings peace
Where the country is not at war e.g Blackman
Factual causation
But for test e.g Padgett
Legal causation
De minimis principle: did D make more than a minimal impact on the death of V? e.g Kimsey
Intervening acts?
Act of god/stranger or third party if so independent/palpably wrong and injuries have sufficiently healed
Direct intention
Aim purpose and desire is to bring about the consequence e.g mohan
Indirect intention
The consequence is virtually certain and D is aware of this e.g woolin
Expressed intention
Intention to kill
Implied intention
Intention to cause serious harm
When will the victim break the COC?
When the act is not reasonably foreseeable, but if it is then no break (Robert’s)
When will a 3rd party who is not a doctor break the COC
When their act is so independent from the original act
When will a 3rd party who is a doctor break the COC
When their acts are palpably wrong and wounds are largely healed (Jordan)
What is the thin skull rule?
D must take their victim as they find them (blaue)
