Literature Quiz / Criminal Law - Murder

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Can you name the Criminal Law Cases for Murder?

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AR - an unborn baby is not capable of independent life - cannot form AR for murder
AR - It becomes 'a reasonable person' capable of independent life, once expelled fom the womb (even if umbilical cord remains attached)
AR - But For Test: poisoned milk
AR - Consequence must be caused by D’s act (Victim would have died anyway)
AR - D’s act may be one of many causes
AR - 'Substantial' need not be 'really serious', but merely more than trifling
AR - Medical Negligence will not break the chain of causation
AR - Unless so severe that it becomes the Operating & Substantial cause of death
AR - 3rd party interventions will not break the chain unless they are 'Free, Deliberate & Informed'
AR - The Thin Skull Rule will apply
AR - Escape attempts will only break the chain when they are not Reasonably Foreseeable
AR - ...or when they are 'So Daft', no Reasonable Person could Foresee it
AR - ...However, a victim's personal characteristics may be taken into account
AR - Refusal to accept lifesaving treatment/Blood Transfusion will not break the chain
AR - 'Suicidal' acts of the victim will not break the chain if this is related to the original act/injury
MR - Intention to kill or to Cause GBH
MR - Oblique Intention can be inferred from 'Virtual Certainties'
MR - A Motive can be used as evidence for intention, but it is not the same
MR - MR directed at another can transfer to the unintended victim
MR - Transfer of MR is restrictd to the same offence
AR/MR - Coincidence can be made out by a continuing act
AR/MR - One Transaction Theory (or Entire Event)
AR/MR - Ignorance of the law is No Excuse
Loss of Control - The prosecution need only disprove one element
LC - Can be merely partial or momentary
LC - It need not be sudden, but long-term (Though extensive planning & delay will suggest no LC)
LC - 'Fear of Serious Violence' is a subjective test, that will tend to operate where self-defence fails
LC - 'Things Said or Done' must be judged Objectively
LC - The Def. must have planned from the outset to provoke a reaction to 'justify' his acts for the defence to fail
LC - Sexual Infidelity may be considered as part of the qualifying trigger in conjunction with other operating elements
LC - If Drunkeness is the only reason for LC, the defence will fail
Diminished Responsibility - Abnormality of Mental Functioning
DR - Medical condition must be sufficiently serious to be considered as a defence (focus is on involuntary compulsions)
DR - Causing a partial loss of self-control will suffice
DR - Whether the mental abnormality explains the Def's act will be ultimately determined by the Jury (not the medical expert)
DR - Drunkeness will not defeat the offence, if there is an abnormality operating independently
DR - A jury may consider the Extend/Seriousness, ability to exercise Self-Control; abstinence, etc, concerning the Def's Alcoholism

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