MURDER

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