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murder - Coggle Diagram
murder
actus reus
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'unlawful killing' sometimes defence (such as self-defence) would make the killing lawful, or if a doctor withdraws treatment then this could be lawful Airedale NHS trust vs bland (1993)
'human being' an unborn child is not a human, it is only human once it has taken an independent breath from its mother AG's Ref (no.3 of 1994) 1997
'under the Queen's peace' killing at war is generally not murder as long as the normal rules of engagement apply
killing can be an act or an omission, but it must cause the death of the victim
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mens rea
'malice aforethought' the intention to kill or the intention to cause grievous bodily harm. therefore the defendant can be guilty of murder even if he only intended serious harm
it has been established that 'serious harm' is sufficient for grievous bodily harm Smith (1961) Saunders (1985)
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oblique intent is where the defendant had a different aim or purpose but will have foreseen death or serious harm as a virtual certainty as a result of his actions Nedrick, Woolin
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overview
common law offence, carries the mandatory life sentence
there is no time limit on when the death actually occurs as a result of the Law Reform (Year and a Day Rule) Act 1996
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