murder chat got Flashcards
what is murder
murder defined by LORD COKE
- unlawful killing of a reasonable person in being under the kings peace with malice aforethought either expressed or implied
key elements of actus reus
unlawful killing
reasonable creature in being
under kings peace
what killing considered lawful
- in wartime
-clinical medical decisions e.g turning off life support - bland
causation in murder
- factual causation , but for test - pagett
- legal causation - more than minimal contribution - kismey
- operative and substantive cause - Cheshire
what can break chain of causation
- if there’s a nous actus interveniens , ( new intervening act ), thats sufficiently independent of Ds actions
can omission be murder
yes if D has duty to act - - gibbons and proctor
failure to feed child
thin skull rule
- defendant must take victim as they find them - blaue
foetus
- not a reasonable person in being
- ruled in attorney generals reference number 3 of 1994
when does death legally occur
brain stem death is the legal definition -
malcherek and Inglis
elements of mens rea
expressed malice aforethought - intent to kill
implied malice aforethought - intent to cause gbh
what case defines gbh for implied malice
dpp v smith
2 types of intent in murder
direct intent - ds aim/puropse ( Mohan)
oblique intent - foresight of a virtual certainty - woolin
test for oblique intent
if d saw consequence as virtually certain , intent can be inferred -
woolin
whats transferred malice
if D intents to harm A but accidentally harms B , intent can be transferred , latimer
when does transferred malice not apply
if the actus reus is a diff crime - grant
