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Law paper 1 > Muder > Flashcards

Muder Flashcards

1
Q

definition of murder

A

unlawful killing with intent

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2
Q

4 parts to murder

A

Killing (+causation)
Unlawful
RP in being
Under Kings Peace

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3
Q

Killing

A

Can be done my an act or ommission

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4
Q

Case for relationship omission

A

Gibbins & Proctor

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5
Q

Case for vol assumption of care ommission

A

Stone & Dobinson

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6
Q

Case for creating dangerous situation omission

A

Miller

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7
Q

Case for contract omission

A

Pittwood

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8
Q

Case for public office omission

A

Dytham

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9
Q

Factual causation

A

but for test
Case - Pagett
Contrast - White

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10
Q

Legal causation

A

Operative and substantial test
Case - Smith

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11
Q

Acts of third party

A

Non medical - Pagett
Medical - Jordan

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12
Q

Act of victim

A

Didn’t break chain - Roberts
Did break chain - Williams

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13
Q

Thin skull rule

A

Blaue

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14
Q

Unlawful meaning

A

No lawful excuse

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15
Q

5 exceptions to unlawful

A

self defence
soldier return fire
police arrest
turning off life support
DNR instructions

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16
Q

Unlawful case

A

Martin

17
Q

When does life begin + case

A

At point of birth
Attorney Generals Reference (No 3 of 1994)

18
Q

When does life end + case

A

When brain stem is dead
Malcharek & Steel

19
Q

PVS case and explain

A

Can turn off life support if PVS as long as have court permission and it’s in patients best interest
(Airedale NHS Trust v Bland)

20
Q

What does kings peace mean

A

war hasn’t been declared by prime minister (live in peacetime)
(V must be under Kings Peace)

21
Q

MR for murder

A

Malice aforethought either express or implied

22
Q

Express malice means

A

intention to bring about death

23
Q

Implied malice means

A

intention to cause grievous harm

24
Q

Case on implied malice

A

Vickers

25
Q

Direct intent

A

Mohan - aim to bring about consequence

26
Q

Oblique intent

A

Woolin - consequence was virtually certain and D realises consequence was virtually certain

27
Q

Coincidence means

A

AR and MR don’t happen at same time

28
Q

Single transaction theory

A

MR happens first
Thabo Meli

29
Q

Continuing act means

A

AR happens first
Fagan v MPC

30
Q

Transferred malice

A

D has MR and AR but different V than intended
Latimer

31
Q

MR cannot be transferred from one crime to another

A

R v Pembleton

Law paper 1 (8 decks)

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