Murder

Question 1

What constitutes a human being? What act confirmed this?

Answer 1

A being that is fully independent of the mother - AG,s reference No 3 of 1994

Question 2

What elements are in factual causation?

Answer 2

But for test

De minimis rule

Question 3

What is the but for test? give an example case?

Answer 3

The test asks but for the conduct of the defendant, would the victim have died as and when they did? if the answer is no then the defendant will be liable for the death - R v White

Question 4

What is the de minimis rule? give a case example?

Answer 4

De minimis means insignificant, minute or trifling. This test requies that the original injury casussed by the defendants action must be more than a minimal cause of death. R v Pagett

Question 5

What elements are in legal causation?

Answer 5

Injury must be operating and substantial cause of death
The ‘thin skull’ test
Forseeable intervening act

Question 6

Give a case exmaple of “operating and substantial cause of death”

Answer 6

R v Jordan

R v Smith

Question 7

What is the ‘thin skull test’

Answer 7

The defendant has to take their victim as they find them. if the victim dies as a result from an unusual or unexpected physical or other condition the defendant is still liable. - R v Blaue

Question 8

Give a case example of a forseeable intervening act?

Answer 8

R v Roberts

Question 9

What is the mens rea for murder?

Answer 9

Malice aforethought