Murder Flashcards
who defined murder and what as?
Lord Coke 17th century= Unlawful killing of a human being in peace times with malice aforethought
what’s the AR of murder?
Unlawful killing of a human being in peace times
If causation is an issue then set out?
Factual, legal causation and intervening acts!
factual causation + 2 cases?
But for test, R v white- wasn’t established. R v pagett- established
what is Legal causation and case?
R v Kimsey= the court held that the D’s act must be more than a trivial contribution to the consequence.
Actions of 3rd party- not medical treatment?
R v pagett= was the actions of the 3rd party a reasonably foreseeable consequence of the D’s act!
actions of the 3rd party-medical treatment?
2 cases
R v jordan= medical treatment has to be palpably wrong to break the chain of causation
R c cheshire……
what can murder be committed as?
Omission or An act