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MURDER
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Cards (21)
unlawful
killing of a
reasonable
person in being under the king's peace with
malice
aforethought
, either
expressed
or
implied
lawful
- police, armed forces,
medical
profession
actus
reus
- causing the
death
actus reus
- act or
omission
act or omission -
Gibbons
and
Proctor
D's conduct must be
factual
+ legal cause of the
death
-
'but for test'
factual
causation -
Pagett
legal
caustaion -
White
legal
causation established if D's actions are more than
minimal
if there is a a new
intervening act
- courts must see if it
breaks chain
thin
skull
rule +
medical
negligence
doesn't
normally
break chain
Jordon
- medical treatment was so bad that
chain
was broken, D was liable
victims own
reaction
is a
NIA
NIA -
reasonable reaction
- doesnt break
chain
-
Roberts
NIA -
unreasonable
reaction - Williams and Davies
courts must decide when
life
begins
life
begins -
expelled
from womens womb and have
independent
existence
MR -
intention
to
kill
MR -
indirect
/
direct
MR - test is
virtually
certain -
Woolin
MR
-
intention
to cause
gbh
-
Vickers