MURDER CASES Flashcards
DEFINITION OF MURDER?
The unlawful killing of a reasonable creature in being under the queens peace with malice aforethought
SIR EDWARD COKE
Killing is lawful in self defence
Martin 2002
Killing is lawful when saving another
Re A (children) (conjoined twins) 2000
a foetus is not a human being
AG ref (no 3 of 1994) (1997)
is someone on life support really dead
airdale NHS trust v bland
Factual causation
Pagett/White
Substantial and operating cause (legal causation)
Smith
More than minimal cause of death
Cato
Thin Skull rule - take V as u find them
Blaue
Third party intervening acts break the chain of causation
Jordan/Smith/Cheshire
Victims own actions can break chain
Roberts
Intention to cause GBH
Vickers/Cunningham
Virtual certainty = guilty
Maloney/Woollin
Transferred Malice
Latimer/Mitchell