Murder

Question 1

Definition

Answer 1

the unlawful killing of a human being with the intention to kill or cause gbh

Question 2

actus reus

Answer 2

must be established if the ds actions were the factual and legal cause of vs death

Question 3

Factual

Answer 3

but for test
but for the ds actions would the result had occurs (white)

Question 4

legal

Answer 4

asks was the d a significant contribution to the death, more than a slight or trifling link to the result (kimsey)

Question 5

causation issues

Answer 5

pagget - acts of third
cheshire - bad med
malcherick & steel - life support
Holland - doesn’t seek treatment
Roberts - Vs own acts/escape attempts
Blaue - Thin skull

Question 6

men’s rea

Answer 6

intention to kill or cause gbh

Question 7

direct

Answer 7

ds aim, purpose and desire to kill the v (Mohan)

Question 8

indirect

Answer 8

virtual certainty (woolin)
1) was death or serious injury a virtual certainty as a result of ds actions (Objective)
2) Did the d realise this (Subjective)

Question 9

What’s at the end

Answer 9

transfered malice and coincidence rule