A summary flowchart to take you easily through each stage of a criminal law exam scenario on murder and manslaughter. Achieved 78 in the exam using these flowcharts.
= the unlawful killing of a human under the Queen's peace,
Coke
unlawful killing
- someone has died
- death is the reversible death of the brain stem controlling basic
body functioning, R v Malcherek and Steel
of a human being
- a child must be out of its mother and be alive, R v Poulton
- unlawful injury inflicted on the mother who delivers an alive child
that then dies is not murder, AG ref no 3 1994
Causation
Factual- but for D's actions the victims death would not have
occurred the way it did, R v White
D's act need not be the sole/ main cause, it is enough their act
contributed significantly, R v Pagett
Legal- despite an intervening event, injuries inflicted by D were still
an operating and substantial cause of death, R v Cheshire
Medical treatment is unlikely to break the chain except in
exceptional circumstances where the treatment was 'palpably
wrong', R v Jordan
Take your victim as you find them/ egg shell, R v Blake
MR:
Defined in R v Maloney as 'either intention to kill or
cause GBH'
- is an entirely subjective test
- if it was their aim, purpose or desire to kill then they
will have direct intention
- if their aim was not death but death/GBH was seen
as a virtually certain consequence of their actions they
will have indirect intent, Nedrick
- if the crime is a result of transferred malice use the
case of Latimer
If direct/ indirect
intent = MURDER
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller charlottehills22. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.04. You're not tied to anything after your purchase.
