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5 Cards in this Set
- Front
- Back
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What is the actus reus of murder? |
"act causing the destruction of life" Macdonald |
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What is the mens rea of murder? |
"wicked intent or wicked recklessness" i) intent to injure ii) in a manner that might result in death iii) and did not care if victim lived or died Drury/Purcell (intent to injure) |
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What is the actus reus of culpable homicide? |
Same as murder. "the killing of human beings in circumstances short of murder." |
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What is the mens rea? |
Unlawful Act: Assault = CH - Bird Law unclear how far it extends (MacAngus & Jane, Lourie) Lawful Act: i) "criminal indifference to consequences" - Paton ii) aware of the risk - Transco |
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Corpoarte Liability? |
Corporate Manslaughter and Corporate Homicide Act 2007 i) way in which senior management organise and manage activities; ii) amounts to a gross breach of duty of care |
