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Murder (Malice aforethought (R v Cunningham (1982): ' The necessary…
Murder
Malice aforethought
R v Cunningham (1982): ' The necessary intention is the intention to kill or cause really serious harm'
R v Cunningham (1982); 'An intention to kill (or do GBH), however lacking in premeditation, is enough to constitute the mens rea in murder'
Euthanasia
R v Inglis (2010): Until parliament decide otherwise, the law recognises a distinction between the withdrawal of treatment supporting life, which, subject to stringent conditions, may be lawful, and the active termination of life
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Human being:Birth
Attorney General's Reference (No.3 of 1994)(1997): "[A] child does not attain a sufficient human personality to be the subject of a crime of violence, and in particular of a crime of murder, until iy enjoys an existence separate from its mother"
Human being: Death
R v Malchareck;R v Steel (1981) "There is only one true test of death and that is the irreversible death of the brain stem...When that occurs it is said the body has died."
Under the Queens Peace
This acts reus element only excludes from murder the killing of an enemy soldier in the heat of battle
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GBH
DPP v Smith (1961): "I can find no warrant for giving the words 'grievous bodily harm' a meaning other than that which the words convey in their ordinary and natural meaning. 'Bodily harm' needs no explanation, and 'grievous' means no more and no less than 'really serious'
"Mercy Killings"
R v Inglis (2010): The law of murder does not distinguish between murder committed for malevolent reasons and murder motivated by familial love. Subject to well established partial defences, mercy killing is murder"
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