Murder Flashcards

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1
Q

The definition of murder

A

The unlawful killing of another human being with the intent to kill or cause GBH

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2
Q

Causation

A

A way of establishing who committed the act that caused the V’s death
Factual or Legal

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3
Q

Factual Causation

A

The ‘But For’ test-
But for the defendants actions, would the result have happened anyway?
WHITE

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4
Q

Legal Causation

A

How much of a contribution the D has made

‘More than a slight or trifling link, but does not have to be the main cause’
KIMSLEY

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5
Q

The 6 Intervening Acts

A

Thin Skull Rule
Bad medical Treatment
Refusing Medical Treatment
Life Support
Acts of a 3rd party
Escape attempts

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6
Q

Intervening Act Cases
(Alphabetical Order)

A

Blaue
Cheshire
Holland
Malcherik and Steel
Padgett
Roberts

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7
Q

Mens Rea needed to be proved

A

Intention
or
Recklessness

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8
Q

Intention- Direct

A

MOHAN
It was the D’s aim purpose and desire to bring about the result

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9
Q

Intention- Indirect
(Oblique)

A

Establishes the Virtually Certainty Test
WOOLIN

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10
Q

Virtually Certainty Test Stages

A

1) was death or injury virtually certain? (objective)
2) Did the D realise this? (subjective)

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