Murder

• Actus Reus of murder: unlawfully causing the death of a reasonable creature under the queens peace with any county of the realm
• lawful killings include: execution, killing in course of duty, medical profession
• Killing:may be through an act or or an omisson(where there is a duty of care)
• Factual causation + legal causation + no break in chain= killing
• Factual cause: “but for test“ - r v Padgett, R v white
• Legal cause- D’s conduct must be more than a ‘minimal‘ ‘cause of the of the consequence’ but need not be a substantial cause- r v pato, r v smith
• Think skull rule- take your victim as you find them- r v blave
• Potential breaks in chain of causation- v’s own act, Act of a third party(medical), acts of a third party(non medical)
• V’s own act- will not break the chain where v acts in a way that is foreseeable within reasonable range of responses- r v Roberts
• Act of third party medical- does not break the chain of causation unless sufficient independence as so make d’s contribution insignificant
• Act of third party- will not break the chain of causation where it is foreseeable- r v padgett
• Death occurs when the brain stem dies
• Malice Afore thought-the men’s era for murder is stated as being‘ malice aforethought expressed or implied’
• Express malice aforethought: intention to kill
• Implide malice aforethought: intention to cause gbh
• Foresight or consequence + intention= oblique intent