Murder Flashcards
The definition of murder
The unlawful killing of another human being with the intent to kill or cause GBH
Causation
A way of establishing who committed the act that caused the V’s death
Factual or Legal
Factual Causation
The ‘But For’ test-
But for the defendants actions, would the result have happened anyway?
WHITE
Legal Causation
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
The 6 Intervening Acts
Thin Skull Rule
Bad medical Treatment
Refusing Medical Treatment
Life Support
Acts of a 3rd party
Escape attempts
Intervening Act Cases
(Alphabetical Order)
Blaue
Cheshire
Holland
Malcherik and Steel
Padgett
Roberts
Mens Rea needed to be proved
Intention
or
Recklessness
Intention- Direct
MOHAN
It was the D’s aim purpose and desire to bring about the result
Intention- Indirect
(Oblique)
Establishes the Virtually Certainty Test
WOOLIN
Virtually Certainty Test Stages
1) was death or injury virtually certain? (objective)
2) Did the D realise this? (subjective)