Murder Flashcards

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1
Q

who defined murder and what as?

A

Lord Coke 17th century= Unlawful killing of a human being in peace times with malice aforethought

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2
Q

what’s the AR of murder?

A

Unlawful killing of a human being in peace times

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4
Q

If causation is an issue then set out?

A

Factual, legal causation and intervening acts!

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5
Q

factual causation + 2 cases?

A

But for test, R v white- wasn’t established. R v pagett- established

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6
Q

what is Legal causation and case?

A

R v Kimsey= the court held that the D’s act must be more than a trivial contribution to the consequence.

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7
Q

Actions of 3rd party- not medical treatment?

A

R v pagett= was the actions of the 3rd party a reasonably foreseeable consequence of the D’s act!

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8
Q

actions of the 3rd party-medical treatment?

2 cases

A

R v jordan= medical treatment has to be palpably wrong to break the chain of causation
R c cheshire……

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9
Q

what can murder be committed as?

A

Omission or An act

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