Murder Flashcards
The unlawful killing of human beings with the intention to kill or cause GBH
Stage 1- Killing was unlawful
Stage-2 Must be established that the victim is considered a human being because they have independent existence outside of the womb
Stage 3- Ds actions were the factual and legal cause of the Vs death, factual causation asks “but for the Ds actions would the result have happened anyway” (white)
Stage 4- Legal causation ask was D a significant contribution to the death, meaning was the D more than a slight or trifling link to the result (Kimsey)
Vs own actions/escape attempts -(Robert’s)- no break if Vs actions are reasonable and foreseeable. V dosent seek treatment (Dear/ Holland) no break as V under no legal obligation to seek medical help
3rd party acts Bad medical treatment (Chesire) switching off life support (Malcherik & steel) no break in chain
Natural but unpredictable
Thin skull rule (Blaue take victims as you find them)
Men’s Rea- murder is the intention to kill or cause GBH
If D intended to kill=Direcr intent it was D’s aim, purpose and desire to kill the V (mohan)
If indirect/oblique apply virtual certainty test (woolin) Was death or serious injury a virtual certainty as a result of D’s actions (objective) Did the D realise this (subjective)
