Murder (Ao2) Flashcards
What does the Murder Ao2 section split into?
-Definition
-Causation
-Mens Rea
-Transferred Malice
What would you write for section - Definition?
-Was there an unlawful killing? (How D killed and why unlawful)
-Was it a human being?
-Was it during Queens peace? (Not during time of war)
What would you write for causation?
-Was the D factual cause of death? (But for test)
-Was D legal cause of death? (More than minimal cause)
-Were there any intervening acts that broke the chain of causation?
What would you write for Mens rea?
-Did D have direct intention to kill or cause GBH?
-If not direct intention, did D have indirect intent? (Virtually certain death or serious injury consequence)
What would you write for Transferred Malice?
-If D killed a different V to one he intended, is transferred malice relevant? (Intent transfers)