Murder

Question 1

The definition of murder

Answer 1

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

Question 2

Causation

Answer 2

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

Question 3

Factual Causation

Answer 3

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

Question 4

Legal Causation

Answer 4

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

Question 5

The 6 Intervening Acts

Answer 5

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

Question 6

Intervening Act Cases
(Alphabetical Order)

Answer 6

Blaue
Cheshire
Holland
Malcherik and Steel
Padgett
Roberts

Question 7

Mens Rea needed to be proved

Answer 7

Intention
or
Recklessness

Question 8

Intention- Direct

Answer 8

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

Question 9

Intention- Indirect
(Oblique)

Answer 9

Establishes the Virtually Certainty Test
WOOLIN

Question 10

Virtually Certainty Test Stages

Answer 10

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