Mindmap
Murder
Inhalt der Mindmap
Murder
Actus Reus
- The Killing of a human being
- a foetus is not a human being for the purpose of a murder conviction
- a foetus injured and dies from injury after birth may be murder
- A-G's Reference (No 3 1994)
- a foetus injured and dies from injury after birth may be murder
- a foetus is not a human being for the purpose of a murder conviction
- D's conduct must cause the death in fact and in law
- Factual causation
- 'but for' test
- White
- 'but for' test
- Legal causation
- de minimis rule
- D's act need not be sold cause but must be more than trifling / minimal
- chain of causation
- Roberts
- Williams
- Malcharek
- thin skull rule
- Blaue
- de minimis rule
- Factual causation
- an omission to act may be murder
- duty because of a relationship
- Gibbins and Proctor
- failed to give daughter food and she died
- Gibbins and Proctor
- contractual duty
- Pittwood
- did not close railway crossing and man was killed by train
- Pittwood
- duty undertaken voluntarily
- Stone and Dobinson
- anorexic sister died, Ds did not care for her
- Stone and Dobinson
- duty because of a relationship
- The Killing of a human being
Mens Rea
- with 'malice aforethought'
- (with intention)
- an intention to kill or cause GBH
- Vickers
- confirmed by
- DPP v Smith
- intention may be direct
- Mohan
- intention may be indirect
- Nedrick
- Woollin
- there is a virtual certainty that death or serious injury will result and D appreciates this
- Stringer
- satisfied woollin test, boy started a fire at bottom of stairs in his house - clear evidence for the jury to find intent
- transferred malice
- Latimer
- guy on LSD kills girlfriend thinking he is being attacked by snakes
- Latimer
- with 'malice aforethought'
the unlawful killing (AR conduct) of a human being (AR circumstance) with malice aforethought (MR intent) which results in death (AR consequence)
a result crime
2 partial defences
- loss of control
- voluntary manslaughter
- diminished responsibility
- loss of control
Informationen
- Beschreibung
- A Level Law (Criminal Law) Mindmap am Murder, erstellt von Tan Nah am 08/03/2017.
- Erstellt von
- Tan Nah
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