Murder Flashcards
Adebolajo
(thought it was a war)
shows unlawful death
Poulton
“a human being is one that has been brought into the world and lived independently of their mother”
Malcherek and Steel
a human being is one that has not been diagnosed as brain stem dead
Airedale NHS Trust v Bland
a doctor withdrawing life support amounts to an omission and not a positive act, so they would not be criminally liable.
Clarke and Morabir
whether the D has caused the death is for the jury to determine
White
but for test
Benge
the D need not be the sole or main cause
Pagett
D must make significant contribution to the death of the V
Cato
The conduct of D must be more than de minimis
Kimsey
de minimis is more than slight or trifling
Marchant and Muntz
the conduct of D must be blameworthy or incurring liability
Vickers
malice aforethought is intention to kill or cause GBH
Maloney
direct intention should be left to the good sense of the jury
Chandler
the jury should make their decision based upon an objective view of the facts
Woollin
when intention is indirect the jury may find intent when the D has a subjective appreciation that death or serious injury is a virtual certainty
