ADM JUS 2 Lecture Notes - Lecture 3: Common Law Offence, Actus Reus, Malice Aforethought
8 Dec 2020
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Brain dead=dead, if he is on life support, the actus reus would be complete once the life support is switched off. Fear of her own life or lives of others, fear of losing property that she has a duty to protect, desire to prevent a criminal from evading arrest. Murder is a common law crime that is developed through individual cases. Murder=malice aforethought and absence of certain mitigating circumstances (loss of control) that would turn the case into manslaughter. Oblique intentino to unlawfully kill or inflict grievous bodily harm. Person who in the course of doing something else kills someone without malice aforethought cannot be convicted of murder. D with the requisite fault for murder kills v, but successfully raises the partial defense of "loss of control" Would a person of d"s sex and age with a normal degree of tolerance and self restraint might have reacted in a similar way to.
