PAPER 1 MURDER Flashcards
What is the Actus Reus of murder?
The unlawful killing of a human being during the king’s peace
What is the Actus Reus of murder essentially?
Requires an act or omission that has caused death
What is first applied in murder
Whether it was act or omission
If omission explain duty situation
Factual/Legal Causation
What is the mens rea of murder?
Malice aforethought express or implied
What does thie mens rea consist of?
An intention to kill (express malice) or an intention to cause GBH (implied malice)
Name a cases demonstrates express/implied malice
Vickers/Cunningham
What is intention usually? With case and example
Intention is usually direct
e.g the defendant desires the outcome
(Mohan)
What can happen sometimes linked to intention?
D will claim that the outcome was different from the one desired
What happens in cases where D claims that the outcome was different from the one desired?
Intention can be based upon D’s foresight of the consequences
What happened in Woolin?
The HL declared that if the consequence was virtually certain and D realised this, then the jury may find that he intended the consequences
How is it applied the second time?
If direct intent why was D’s aim to kill or cause serious harm?
If oblique why was death or GBH a virtually certain consequence?
