1593805
Descrição
Mapa Mental por Fionnghuala Malone, atualizado more than 1 year ago
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Criado por Fionnghuala Malone
quase 10 anos atrás
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Murder Summary
- COMMON LAW
OFFENCE: NO STATUTE
- Definition - Lord Coke
- "The Unlawful killing of a
reasonable creature in
being under the Queen's
Peace with malice
aforethought, express or
implied."
- "The Unlawful killing of a
reasonable creature in
being under the Queen's
Peace with malice
aforethought, express or
implied."
- ACTUS REUS
- The unlawful
killing of a
reasonable
creature in
being under
the Queen's
Peace
- The killing must be unlawful
- The AR can be an act or
omission- must cause V's
death
- Reasonable creature in being
- Not a Foetus
- Not brain dead
- Year and a day rule
- Not a Foetus
- The unlawful
killing of a
reasonable
creature in
being under
the Queen's
Peace
- CAUSATION
- Factual
- "But for" test
- Pagett
- "But for" test
- Legal
- 'Substantial
and
operative'
- More than a minimal cause
- More than a minimal cause
- Smith
- 'Substantial
and
operative'
- Thin Skull
- D must take
his victim as
he finds him
- Blaue
- D must take
his victim as
he finds him
- Intervening Acts
- Act of a third party
- Victims own act
- Natural/Unpredictable
event
- Act of a third party
- Medical Treatment
- 'So
independent
of D's acts'
- So potent
in causing
death
- So potent
in causing
death
- Cheshire
- 'So
independent
of D's acts'
- Factual
- MENS REA
- Malice
aforethought
express or
implied
- Express
- Intention to kill
- Intention to kill
- Implied
- Intention to cause GBH
- Intention to cause GBH
- Express
- Foresight of
consequences
- Oblique intent
- Doesn't have MR if unless
he foresaw it would cause
death/injury
- Doesn't have MR if unless
he foresaw it would cause
death/injury
- Oblique intent
- Direct
- Mohan
- Mohan
- Indirect
- Woollin
- Woollin
- Recklessness
- Cunningham
- Cunningham
- Malice
aforethought
express or
implied
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