Mindmap
Murder
Inhalt der Mindmap
Murder
The unlawful killing of a human being under the Queen's peace with the malice aforethought, express or implied (Sir Edward Coke)
Death
- R v Malcherek
- Death occurs when there is brain dead
Human being
- V is a human being if they can sustain life independently from their mother
- A foetus in the womb is not classed as a human being
Under the queen's peace
- Killing under peacetime is illegal
Mens rea
- 'Malice aforethought, express or implied'
- Express= Intention to kill
- Implied= Intention to cause GBH
- R v Vickers
- The court held that an intention to cause GBH, that has resulted in the death of the V satisfies the mens rea of muder
- The are 2 types of intention
- Direct Intention
- Where the D wants to kill or cause GBH, it is their aim, desire or purpose
- R v Mohan
- Where the D wants to kill or cause GBH, it is their aim, desire or purpose
- Oblique Intention
- Where the D main aim is not to kill or cause GBH, but where the death of the V was virtually certain consequence and the D foresaw this and is determined to continue. They are liable for murder. (R v Woollin)
- Direct Intention
Causation
- The D must be the factual and legal cause
Informationen
- Beschreibung
- A level Law (Fatal Offences) Mindmap am Murder, erstellt von Elle Calderbank am 09/11/2019.
- Erstellt von
- Elle Calderbank
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