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This should apply to killings where D had intended serious harm, cause some injury and was aware of the risk of death or where D had a partial defence through diminished responsibility, provocation or duress.
The current 4 main areas in which the law is not satisfactory will be discussed.
Firstly, the fact that D can be convicted of murder even if he did not intend to kill. Even if GBH was intended but death was the result, it would be considered murder. In some cases D wasn’t aware death could occur, for example Cunningham (1981) where D attacked V in a pub, hitting him repeatedly with a chair, which resulted in V’s death...
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