2. Murder Flashcards
1
Q
Define murder
A
The unlawful killing of a reasonable person in being and under the king’s peace with malice aforethought, express or implied - Lord Coke
2
Q
Define King’s Peace
A
Killing in war is not murder, killing a prisoner may be sufficient for AR
3
Q
AR of Murder
A
- D must have killed a reasonable creature in peace time, in an unlawful manner.
- ‘Killed’ can be an act or omission (Gibbons).
4
Q
Law on reasonable force
A
D must be judged on the facts as they genuinely believed them to be, and what they believed to be necessary in an unexpected moment of anguish.
5
Q
Law in householder cases
A
- force must be used whilst D is in the building
- D must not be a trespasser
- D must’ve believed V to be a tresspasser
6
Q
Law on excessive force
A
- Excessive force means defence will fail (Clegg)
- Once threat has passed, if D takes action, defence will fail (Martin)
7
Q
What are the 2 intentions for MR of murder?
A
- Express malice aforethought (intention to kill)
- Implied malice aforethought (intention to cause GBH)
8
Q
What’s an example of transferred malice?
A
If D shoots at V1 but kills V2, this is murder
9
Q
What’s the law on foresight of consequences?
A
It is only evidence from which intention can be inferred (Moloney)
