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Unit 3: Murder (Actus Reus: (2) A reasonable person in being: (Is a '…
Unit 3: Murder
Actus Reus:
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1) D killed - Causation:
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Legal: R v Smith - operating and substantial cause of death also any intervening acts. R v Cheshire: doesn't have to be the sole cause.
4) Unlawful killing:
Killing must be unlawful this excludes killing in self defence, prevention of crime, defence of another.
Re A: Conjoined twins only one had the vital organs doctors wanted to separate knowing the other would die. Court gave them permission saying it would not be an unlawful killing.
Mens Rea:
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Intention:
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Indirect intention - R v Woollin: Death or GBH was a virtual certainty as a result of D's action. And that D apprecaties this himself.
R v Moloney: D and step father were drinking when they had a race to load a gun. dad told him he didn't have the guts to pull the trigger. D did and the dad died.
Hancock and Shankland: miners on strike, one goes back to work others threw a slab infront of the taxi and killed the driver.
Nedrick:D pour paraffinethrough a letter box and catches fire, child in the house died. if it was a virtual certainty the jury can infer intention.
Matthews and Alleyne: D threw V in the water when he couldn't swim and he drowned. jury are entitled to find intention but do not have to do so.
Coincidence Rule:
Thabo Meli: Single Transaction Theory- D hit v over the head and throwing him off the cliff thinking he was dead but then he later died of exposure.
Church: Single Transaction Theory- D tried to sexually assault v but she too the piss out of him so he hit her. thinking she was dead chucks her in the river but she later drowned.
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Transferred Malice:
Latimer: D went to hit the intended victim with a belt but missed and hit the actual victim. Mens rea can be transferred if the actus reus is the same.
Pemblinton: Went to throw a rock at some one but missed and broke a window. Mens rea can't be transferred if the actus reus of the crimes aren't the same
Lord Cokes definition: Unlawful killing of a reasonable person in being under the Queen's peace, with malice aforethought express or implied.
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