murder

Question 1

Causing

Answer 1

Factual cause - ‘but for’ R v White
Legal Cause - ‘de minimus’ r v kimsey, operating and substantial r v smith
no new intervening - Will break daft and unforeseeable r v williams and davis
wont break - action for self preservation r v lewis

Question 2

Unlawful death

Answer 2

lawful: self defence, prevent crime, doctor withdrawing
Re A (conjoined twins) 2000 - doctor
Airedale NHS trust v bland - doctor
R v Clegg - self-defence

Question 3

of a human being

Answer 3

AG’s ref (no.3 1994) - foetus not human
r v Malcherek - brain stem dead is dead
R v inglis - brain damage not dead

Question 4

under the kings peace

Answer 4

Under kings peace is outside of wartime

Question 5

Intention to kill

Answer 5

Expressed malice
r v mohan- decision to bring about
r v nedrick/ woollin - includes indirect/oblique intention

Question 6

intention to commit GBH

Answer 6

Implied malice
r v vickers- includes intention to commit GBH and victim dies as a result

Question 7

malice aforethought

Answer 7

‘malice’- Doesnt require ill-will
‘aforethought’ - not require pre-planning