Murder Flashcards

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1
Q

What is the definition of murder?

A

The unlawful killing of another human being within the Queens peace.

Common law offence

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2
Q

The Actus Reus of murder

A

An unlawful act in fact and in law

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3
Q

Actus Reus - Name a case where there was evidence of factual causation of death

A

White [1910]

Poison was not cause of death

Heart attack would have happened in any event

Charged with attempted murder

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4
Q

Actus Reus - Name a case where there was evidence of legal causation of death

A

Cheshire [1991]

D shot victim and was admitted to hospital

If D’s conduct was a significant to death then jury can convict.

V would not have been in hospital ‘but for’ D’s actions

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5
Q

Actus Reus - Explain case of Pagett [1983]

A

V shot by police when D used her as a human shield

Third party act did dot break chain of causation

They would not have shot at D ‘but for’ his actions

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6
Q

Actus Reus - Name cases which set out the rule ‘thin skull rule’

A

Take your victim as you find them

Blaue [1976] Religious belief will not break chain of causation

Pre existing condition will not absolve D of liability

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7
Q

The Mens Rea of Murder

A

AKA Malice aforethought

Did D intend death or GBH of V?

Look at evidence to determine what D was thinking at time of the act

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8
Q

Mens Rea - 2 types of intention

A

Direct

Indirect/Oblique

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9
Q

Mens Rea - name of case of direct intention

A

Mohan [1976]

Defines Direct Intention

D desires to bring about the consequences of his actions

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10
Q

Mens Rea - Which case approved Mohan [1976]

A

Gillick [1986]

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11
Q

Mens Rea - Leading case of Indirect Intention

A

Woolin [1998]

Serious bodily harm was a virtually certain consequence of D’s voluntary act and D appreciated that fact.

Was the result D’s purpose?

Appeal - manslaughter

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12
Q

Mens Rea - Preceeding case to Woolin [1998]

A

Nedrick [1986]

Direct jury to not infer the necessary intention unless death or serious bodily harm was virtually certain as a result of D’s actions

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13
Q

Two Compassion Cases

A

Inglis [2011]

Nicklinson [2012]

No special defence for compassion.

Mercy killings are murder

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