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Murder and other - Coggle Diagram
Murder and other
Actus reus for Murder
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Causation
Legal causation
(Substantial, operative, blameworthy)
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Mens rea for Murder
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Other Mens rea elements
-Must be a voluntary act -D must intend or know that what they are killing is a person under the King's peace
Definition: “When a person unlawfully causes the death of another person, under the King’s peace, with the intention to kill or to cause GBH”
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"Of a person"
In law, a person = Anyone who has been fully expelled from the womb and is 'fully alive' (?) -- cf. R v Poulton (1832) 5 C & P 329; Attorney-General’s Reference (No 3 of 1994) (1996) 2 All ER 10
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Defences for Murder
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Partial defences
Loss of self-control, diminished responsibility, suicide pact (However, these still lead to liability for Manslaughter)
This is a common law offence. It is also a 'homicide offence' (i.e. an offence that involves the killing of a person). It carries a mandatory life sentence.