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criminal law
murder
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Created by
katie thompson
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Cards (14)
Sir
Edward Coke
Murder is the 'unlawful killing of a reasonable person in being under the king's
peace
with
malice aforethought expressed
or implied
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Re A
All killing are
unlawful
unless there is a
valid
justification
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R
v
Clegg
Excessive
force
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R v
Gibbins
and
Proctor
Killings
can be an act or
omission
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Rance v
Mid-Downs Health Authority
A
foetus
is not a
human being
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R v
Malcherek
and
Steel
A
brain dead
person isn't a
human being
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R v Kimsey
Legal causation: more than a
slight
or
trifling
link
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R v
Hughes
Legal
causation: more than
minimal
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R v
Pagett
Factual causation:
'but for'
test
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R
v
Vickers
Intention to cause
GBH
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R v
Mohan
Direct intention
(to kill): D intended to cause V's
consequence
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R
v
Woolin
Oblique intention (to cause GBH):
Consequence
was virtually certain and
reasonably foreseeable
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Actus
reus of
murder
Unlawful killing of a reasonable person in being under the King's Peace
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Mens rea for murder
Malice aforethought, express or implied
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