... is given emergency treatment. After a few days David is still in a critical condition and then develops a secondary infection -for which he is given an antibiotic drug. Unfortunately David is highly allergic to the drug and dies the following day. Advise Clive who has been charged with the murder of David. There has been an unlawful killing and Clive has been changed with the murder of David. Murder is a common law crime of specific intent. Murder has an actus reus of an unlawful killing with a mens rea of malice aforethought. The actus reus of murder must be a voluntary act and can be either an act, omission or state of affairs. The mens rea of murder is either direct or oblique intent and the chain of causation must be intact. It would seem from this situation that Clive has an actus reus of an act and a mens rea of ...

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