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murder - Coggle Diagram
murder
common law offence
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factual causation
R v white
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D was guilty of murder, it could not not said that but for D's act or omission, V would not have died, so there was not factual causation.
legal causation
R v smith
D stabbed the v on his way to the medical station. He was dropped. there was a delay, the doctor gave the wrong treatment.
the court held that as D stabbing v was more than a minimal cause of death, legal causation was present.
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cases
R v poulton
a baby must be born alive and outside the mother to be a human being for the purposes of murder so the D has not committed murder
R v page
D killed an egyptian citizen in a village. there was a war on however, the killing was not on a battlefield so it was under the queens peace
R v blackman
killing an enemy combat after they were seriously injuried and no longer a threat was a killing under the queens peace.
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vickers
d broke into the cellar of the v's shop in order to steal. when v appeared on the stairs he attacked her. hitting her for ten to fifteen times and kicking her in the face. vdied of the resulting shock.