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Law - Murder is the causing of death of another human being under the Queens peace.
Member rating: No Rating | Words: | Submitted: Fri Dec 12 2003
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Law Murder is the causing of death of another human being under the Queens peace with malice aforethought, and this is what Dermot will be charged with. However, this case raises issues regarding provocation, due to Mr Crass's actions, and issues of causation, due to the doctor's actions. It does not raise the issue of intention as the source states that he intended to cause serious harm. So the Mens rea for the crime is present. The first issue to be dealt with is whether or not the surgeon broke the chain of causation, started by Dermot's actions. In Smith it was established that the original wounds were still operation at the time of death, after an error by a doctor led to a stabbing victim dying. Cheshire reinforces this by stating that only in the most extraordinary and unusual cases may medical treatment break the chain of causation, and Jordan took...
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