Murder

Question 1

What is the definition for murder

Answer 1

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

Question 2

What is the first stage of murder application

Answer 2

D must be the factual and legal cause of vs death

Question 3

What is factual causation

Answer 3

It asks but for the dos actions would the result have happened anyway?

Question 4

Case for factual causation

Answer 4

White

Question 5

What is legal causation

Answer 5

It asks was the defendant a significant contribution meaning more than a slight or trifling link

Question 6

What are the causation issues

Answer 6

Vs own actions = roberts
Life support = malcherick v Steele
V refuses medical treatment = Holland
Bad medical treatment = Cheshire
3rd party actions = pagett
Thin skull rule = blaue

Question 7

Men’s rea for murder

Answer 7

The men’s rea for murder is the intention (mohan) to kill or cause GBH

Question 8

2 types of intention

Answer 8

Direct and indirect

Question 9

What is indirect intention

Answer 9

Where the D intended to cause GBH
Virtual certainty test = woolin
1) was death or serious injury vertually certain
2) did d realise this

Question 10

What is direct intention

Answer 10

Where its the Ds aim , purpose and desire to kill