murder

    Cards (17)

    • common law offence
    • murder = a person can be found guilty of murder if they unlawfully kill a reasonable person in being under the King's peace with malice aforethought express or implied (lord coke)
    • actus reus = unlawful killing (re a)
    • result crime, V must have been killed by act or omission (Gibbins & Proctor)
    • test for death = brain stem died (Malcherek)
    • a foetus is not a reasonable person in being (AGs ref no3)
    • King's peace is not in a time of war
    • mens rea = malice aforethought express or implied (Vickers)
    • express = intent to kill
    • implied = intent to cause GBH
    • direct intent (Mohan)
    • oblique intent (Woollin)
    • causation rules apply
    • causation in law 'but for' test (pagett)
    • causation in fact must be more than minimal but not substantial (kimsey)
    • coincidence principle , actus reus and mens rea must coincide
    • transaction theory (thabo meli)
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