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Can a brain dead person be convicted of homicide?
If the prosecution can’t prove that the victim was alive then the def can only be convicted of attempted murder, ie brain dead hence cannot be a victim of homicide. (Airedale NHS Trust v Bland)
How is the legal issue of homicide decided?
Held: the legal issue to be decided was whether the appellant nevertheless had the intention to cause serious harm.
How is malice established in the crime of murder?
‘is malice aforethought in the crime of murder established by proof beyond reasonable doubt that when doing the act which led to the death of another the accused knew that it was highly probable that the act would result in death or serious bodily harm? ‘ p563 casebook.
Who is considered a victim of murder or manslaughter?
Murder & manslaughter: actus reus: ‘Conduct causing the death of a human being under the queen’s peace.’ The victim has to be in being, ie a baby in the mother’s womb will not be considered as victim of homicide.
Last Update: Oct 2021
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