The unlawful killing of a reasonable person in being under the Queen's peace with malice aforethought, express or implied.
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Actus Reus?
Can be an act or omission but must cause V's death.
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Omissions
A failure to act. Can't satisty actus reus unless there was a duty to act
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Examples
Contractual Duty: R v Pitwood Special Relationship: R v Gibbins and Proctor Taken on Voluntarily: R v Stone and Dobinson
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Reasonable Person in Being
Human Being
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Foetus
Not murder. Must have a existence independent of the mother. A-G reference no3 of 1994 (1997) is foetus injured, born alive but later dies then this is murder.
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Brain Dead
Not a reasonable person so not murder. Doctors aren't guilty of murder for switching off life support (Malchareck)
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Queen's Peace
Killing an enemy in war is not murder, but killing a prisoner of war is
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Factual Causation
V's death wouldn't have happened 'but for' D's conduct (White/Pagett)
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Legal Causation
D's conduct must be more than a minimal cause (Cato) Must be more than a slight or trifiling link between conduct and death (Kimsey)
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Thin Skull Rule
Take V as you find them regardless of any physical or mental state making them more susceptible to injury (Blaue - religous belief included)
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Intervening Act
Can break chain of causation but must be sufficiently independent of D's act and sufficiently serious
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3rd Part (Medical Treatment)
Unlikely to break chain unless in itself so potent in causing death (Smith/Cheshire/Jordan)
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V's Own Act
Won't break chain if reasonable but will if daft (Roberts/Davies) Must act in a foreseeable way in proportion to the threat
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Mens Rea
Intention to kill or intention to cause GBH - Vickers: intention for GBH has always been enough to satisfy murder.
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Oblique Intent
Direct intent wasn't V's death but in achieving this death was caused. Must be able to foresee death
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Foresight of Consequences
Moloney - only evidence of intention. Woolin - 2 part test: 1) death is a virtual certainty AND 2)D realised/foresaw this. If satisfied = strong evidence of oblique intent (Matthews&Alleyne)
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Other cards in this set
Card 2
Front
Actus Reus?
Back
Can be an act or omission but must cause V's death.
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