murder (fatal offence)🎀 Flashcards
Identify
D (name) may be liable for murder
Definition
The unlawful killing of a human being with the intention to kill or cause GBH
Actus Reus (1)
•The AR of murder is the unlawful killing of a human being
•It must be established that the killing was unlawful
-APPLY-
Actus Reus (2)
•It must be established that the V is seen as a human being because they have an independent existence outside of the womb
-APPLY-
Causation (starter sentance)
It must be established that the D’s actions were the factual & legal cause of the V’s death
Factual Causation
The “but for test”-“but for the victims actions, would the result have occurred anyways?” (White)
Legal Causation
Was the D a significant contribution to the death? Meaning was the D more than a “slight or trifling link” to the result? (Kimsey)
Causation issue- V’s own actions / V doesn’t seek medical treatment
•(Robert’s)-no break if V’s actions are reasonable & foreseeable.
•(Dear / Holland)-no break as the V is under no legal obligation to seek medical attention.
Causation issue- Acts of a third party / Bad medical treatment
•(Cheshire)-no break if orignial injuries are still an operating and substantial cause to the result
Causation issue- Life support
•(Malcheric & Steel)-no break in chain of causation
Causation issue- Natural but unpredictable event
•Breaks the chain of causation
Causation issue- Thin skull rule
•(Blaue)-no break because the D must take their V as they find them
Mens Rea (1)
The MR of a murder is the intention to kill or cause GBH
Mens Rea (2)
•If the D intended to kill (direct intent) It was D’s main aim, purpose and desire to kill the V (Mohan)
•If death was a virtual certainty(VC)- apply the virtual certainty test (Woolin)Was death or serious injury a VC as a result of the D’s actions? (Woolin)
