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When a man of sound memory over the age of discretion unlawfully kills any reasonable creature in rerum natura under the queens peace with malice aforethought so the victim dies it is called murder.
Member rating: No Rating | Words: | Submitted: Wed Jun 15 2005
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When a man of sound memory over the age of discretion unlawfully kills any reasonable creature in rerum natura under the queens peace with malice aforethought so the victim dies it is called murder. Actus Reus of murder is unlawful act that causes death of another human being under the queen's peace. In Nous actus intervenieus, when another person intervenes R v Smith [1959] poor medical treatment affected soldiers chance of recovery from a stab wound by a much as 75% . In all the above cases the chain of causation was not broken, the wound is still "operating cause and a substantial cause" of death. In Cheshire [1991] shot victim dies from negligent medical treatment. The defendant must have caused the death of another human being. Sometimes it is argued by defence lawyers that medical treatment has itself contributed to the death of the victim but courts are wary of accepting...
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