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LA3 Murder Question (9) Defences (Does the scenario suggest that D may…
LA3 Murder Question
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3) Actus Reus
The AR of murder to to cause the death of V. This can be committed by an act of omission (Gibbins and Proctor)
In the scenario, was the death caused by a voluntary act or an omission?
5) Self Neglect
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Where victim fails to take care or seek medical help, there is no break in the chain (Holland; Dear)
6) Mens Rea
The MR of murder is provided by the words 'of malice aforethought' which have been interpreted to mean intention to kill or cause serious harm (Vickers)
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7) Oblique Intent
Oblique Intent is known by the Nedrick Woollin guidelines. The jury should be directed that they are not entitles to find he necessary intention, unless they feel sure that death of serious injury was a virtually certain consequence of D's action and D appreciated that was the case.
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2) Definition
Murder is a common law offence defined as the unlawful killing of a human being under the Queen's peace with malice aforethought.
4) Causation
It must be proved that D's actions caused the death of V. This must be considered in terms of both factual and legal causation.
'But for' D's actions, would V have died (White)
De Minimis Principle = D need not be the main or sole cause of death but must have made more than a minimal contribution (Pagett)
= Intervening Acts = Act of a third party must overtake or overwhelm what D did (Jordan; Smith) Act of the victim must be daft or unexpected (Roberts; Williams and Davis)
= Thin Skull Rule = D must take V as he finds them (Blaue) extended this to the whole man, not just the physical man.
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