Murder

Question 1

What is the definition of murder?

Answer 1

The unlawful killing of a human being with the intention to kill or cause GBH

Question 2

What must be established about the D’s actions?

Answer 2

That they were the factual and legal cause of the V’s death.

Question 3

What does factual causation ask?

Answer 3

But for the D’s actions, would the result have happened anyway?

Question 4

What case is it for factual causation?

Answer 4

White

Question 5

What does legal causation ask?

Answer 5

It asks was D a significant contribution to the death meaning was the D more than a “slight or trifling” link to the result

Question 6

What case is it for legal causation?

Answer 6

Kimsey

Question 7

V’s own actions/escape attempts

Answer 7

There is no break if V’s actions are reasonable and foreseeable

Question 8

What case is used for V’s own actions?

Answer 8

Roberts

Question 9

Bad medical treatment

Answer 9

No break if original injuries are still an operating and substantial cause to the result.

Question 10

What case is used for bad medical treatment?

Answer 10

Cheshire

Question 11

V doesn’t seek treatment

Answer 11

No break we V under no legal obligation for to seek medical help

Question 12

What cause is used for V doesn’t seek treatment?

Answer 12

Holland

Question 13

Acts of a third party

Answer 13

No break as long as the D had made a contribution to the result

Question 14

What case is used for acts of a third party?

Answer 14

Pagett

Question 15

Life support

Answer 15

No break in chain

Question 16

What case is used for life support?

Answer 16

Malcherick and Steel

Question 17

Think skull rule

Answer 17

No break because the D must take their V as they find them

Question 18

What case is used for Thin skull rule?

Answer 18

Blaue

Question 19

What is the mens rea for murder?

Answer 19

The mens rea for murder is the intention to kill or cause GBH.

Question 20

What is the direct intent?

Answer 20

It was the D’s aim, purpose and desire to kill the V

Question 21

What case is used for direct intent?

Answer 21

Mohan

Question 22

What is indirect intent?

Answer 22

You should apply the virtual certainty test

Question 23

What case is used for indirect intent?

Answer 23

Woolin

Question 24

What is the first question for the virtual certainty test?

Answer 24

1) Was death or serious injury a virtual certainty as a result of the D’s actions?

Question 25

What year or case is used for the first question of the virtual certainty test?

Answer 25

Objective

Question 26

What is the second question of the virtual certainty test?

Answer 26

2) Did the D realise this?

Question 27

What test or case is used for the second question of the virtual certainty test?

Answer 27

Subjective