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13 Cards in this Set

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  • Back

Actus reus of murder

Killing another self existing human being by an act or omission.

Tees v HMA (1994)

Heavily assaulted victim who fell in a coma. Plead guilty on assault. After 3 months on life support it was turned off and the victim died. Charged with culpable homicide which is differentiated from assault.

R v Gibbins and Proctor (1918)

Little girl starved and neglected. Parents had duty to act but due to omission charged with murder.

Finlayson v HMA (1979)

Victim overdosed on drugs and was on life support which then was turned off. Supplier charged with culpable homicide. Argued causal link was broken but to no avail. Victim maybe dead before life support was switched off.

Mens rea of murder

Wicked intention or wicked recklessness of a particular action. Assumed to have the intention to kill.

Drury v HM Advocate (2001)

Caught partner in adultery. Walked off but returned to attack with a hammer. Plead provocation but due to time difference unsuccessful. Wicked intention to kill.

Lieser v HMA (2008)

Convicted of murder. Tried to plea to self defense but unsuccessful due to no reasonable grounds to believe the victim was about to attack him.

Ebherkisi v HMA (2012)

Looks Hume's approach and states that wickedness could be implied.

Cawthorne v HMA (1968)

Fires firearm through window knowing there are people in that room. Convicted of murder on basis of utter and wicked recklessness. Doesn't comment on intent.

HMA v Purcell (2008)

During a police pursuit hits a young boy. Charged with murder but found guilty of culpable homicide. Introduced an act of intending to cause physical injury and displaying wicked recklessness.

Petts v HMA (2011)

Forseability of an action. Should have realised setting an apartment on fire will spread and trap and kill or injury people on upper floors.

Mens rea of an attempted murder

Same as mens rea of a murder.

HMA v Rutheford (1947)

Woman murdered by strangling by her consent. Intent to only humor her and maybe scare. Convicted of culpable homicide as consent is not a defence.