Download e-book for iPad: AQA law for A2 by Jacqueline Martin; Chris Turner; Denis Lanser

By Jacqueline Martin; Chris Turner; Denis Lanser

ISBN-10: 1444122800

ISBN-13: 9781444122800

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Sample text

Jurisdiction over murder extends to any murder in any country by a British citizen. This means that if the defendant is a British citizen, he may be tried in an English court for a murder he is alleged to have committed in another country. 1 Actus reus of murder The actus reus of murder is the unlawful killing of a reasonable creature in being and under the Queen’s Peace. The killing must be unlawful. It is not unlawful if what is done is in self-defence, or in the prevention of crime and the defendant used reasonable force in the circumstances (see Chapter 5).

NO Not guilty of murder but consider involuntary manslaughter YES Not guilty of murder but guilty of voluntary manslaughter YES Not guilty of murder but guilty of voluntary manslaughter YES Not guilty of murder by reason of insanity YES Was the defendant suffering from diminished responsibility? (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?

White (1910) The defendant put cyanide in his mother’s drink intending to kill her. She died of a heart attack before she could drink it. The defendant was not the factual cause of her death, so he was not guilty of murder, although he was guilty of attempted murder. ’ ” In Kimsey (1996) the Court of Appeal held that instead of using the Latin phrase de minimis, it was acceptable to tell the jury it must be ‘more than a slight or trifling link’. There may be more than one person whose act contributed to the death.

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AQA law for A2 by Jacqueline Martin; Chris Turner; Denis Lanser

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