connor
What is the legal definition for murder?
The unlawful killing of a reasonable creature in being, and under the king's peace with malace aforethought.
what is the Law on murdering a foetus?
murdering a fortus is unlawful killing l, the child has to be in 'existence independant of mother', for it to be a 'creature in being'
what occurred in the AG Reference case?
The defendant stabbed the girlfriend, she was forced upon premature birth. it died after 121 days. D was charged with manslaughter as baby couldnt survive on its own yet.
is this statement correct?
It is probable that a person braindead is a reasonable creature or being.
No
Are doctors allowed to switch off life support as and when they want?
Yes but they must be in a condition where they arent getting better
what happened in R v Malchank and Steel?
The D's both caused the injury to the V on life support, doctors stopped it and the D's were liable
what is it called for a killing to be considered murder?
Kings Peace
Under the Kings Peace, what must the murder be?
An act of war
A killing
A killing
what is the causation for murder?
The murder must be an act of crime and be the result of someone dying.
what must the prosecution do to prove the D guilty?
Prove the factual and legal cause of death.
What is the Factual causation test?
But for test
Who must be in FACT the cause of death and which cae is this found in?
The defendant, R v Pagett
What is the legal causation test?
The substantial and operational test.
For it to be a legal cause what must ther not be a break in?
A break in the chain of causation by any interviening acts.
when will bad medical treatment break the chain of causation?
when it is palpably wrong.
When is another time the chain if causation can be broken? (third party)
When a third partys actions are unforeseeable.
is this true or false?
only unforeseeabke acts or drafts will break the chain of causation.
True
What is the definition if Direct intention?
The main aim or purpose is to bring about the consequence.
What is the definition if Oblique intention?
The D didnt directly intend to cause the outcome but in acting in the wya they did the outcome was a virtual certainty and the D realised this.
what is the case that establishes direct intention?
R v Woolin