By Jacqueline Martin; Chris Turner; Denis Lanser
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Extra info for AQA law for A2
2. To what extent must D’s act or omission be the cause of V’s death for it to be considered the legal cause? 3. Give a case (including name and facts) where medical intervention did NOT breach the chain of causation. 4. Give a case (including name and facts) where medical intervention DID breach the chain of causation. 5. What is the rule where V’s own intervening act leads to his death? 1 Malice aforethought The mens rea for murder is stated as being ‘malice aforethought, express or implied’.
This is known as the ‘thin-skull rule’. It means that if the victim has something unusual about his physical or mental state which makes an injury more serious, then the defendant is liable for the more serious injury. So, if the victim has an unusually thin skull which means that a blow to his head gives him a serious injury, then the defendant is liable for that injury. This is so even though that blow would have only caused bruising in a ‘normal’ person. An example is the case of Blaue (1975).
See Chapter 2) NO Did the defendent lose self-control because of a qualifying trigger? (see Chapter 2) NO Was the defendant insane? (see Chapter 5) NO Was the defendant acting in self-defence and used reasonable force in the circumstances as he believed them to be? 4 Points to consider in a murder question Chapter 2 Voluntary manslaughter here are three special defences to a charge of murder. These are where the killing occurs when the defendant is under: T • diminished responsibility; • loss of control; or • a suicide pact.
AQA law for A2 by Jacqueline Martin; Chris Turner; Denis Lanser