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Muder

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Submitted By rubyshazad
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Murder: The definition of murder is ‘the unlawful killing of a reasonable person in being and under the King’s peace with malice aforethought, express or implied…’ (Sir Edward Coke) Murder is split into three elements they’re: Unlawful; killing e.g. contract/railway worker (Pittwood), a reasonable person in being e.g. foetus (AG Ref (no 3 of 1994) 1997 and finally under the King’s peace so that’s the exemption for killing in a war. Actus Reus for murder is the guilty physical act, it’s when the prosecution proves that D’s act caused V’s death and to prove that they use the causation test which split into two: factual causation (But for test) and legal causation. Factual causation is ‘but for D’s conduct this would not have happened e.g. the White case whereby the defendant had cyanide the mothers drink however se had a heart attack before however White was still found guilty for attempted murder. Moving onto legal causation this is the link between the act and consequences, also it’s when D’s conduct was the cause of death it has to be more than minimal but not substantial, D’s contribution can be sufficient as this occurred in the Cato case (Heroin addicts). A break in the chain of causation arises where there is a new intervening act or ‘novus actus interveniens’, the two cases which illustrate the principles of causation are the cases of R v Smith (1959) and R v Jordan (1956). The Jordan case there was medical intervention, The Court of Appeal upheld the defendant’s appeal against his conviction and distinguished this from the case of R v Smith. Summing up the medical evidence Hallett J stated “a reasonable jury would not be satisfied that the defendant's acts had been the material cause of the victim's death. The skin skull rule is the general principle where the defendant takes the Victim as he finds them, so if the victim is particularly vulnerable or has a

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