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In this question Dave has been killed unlawfully therefore I will investigate homicide offences, in particular Murder. The common AR of homicide offences has three elements. "The unlawful killing of a human in being". Unlawful is that is not lawful e.g. an execution like in the case of the British Hostage in Iraq Ken Bigley. Death is given its normal meaning and a human in is any person who is physically independent of their mother e.g. in R v Smith the soldier dies as a result of the stabbing. In this question clearly Dave is dead, his death is unlawful and he is a human being, therefore the AR is present. The MR of murder is the intention to kill or the intention to cause serious injury. The simple direction for intention is the D wanting to kill. It is unclear whether Eddie 'wants' to kill. The courts have developed a...

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