A01 Murder Flashcards
What is the definition of murder?
Murder is the unlawful killing of any reasonable creature in being under the kings peace with malice aforethought express or implied
When will a killing not be unlawful?
Self defence, acting in protection of another or to prevent a serious crime.
Who are not reasonable creatures in being?
Foetuses and brain dead people.
What does under the kings peace mean?
Country is not at war and therefore is illegal to kill another.
Causation: What is the “But For Test?”
But for D’s actions would V have suffered death as they did and when they did.
What is the De Minimis Principle?
D must be a minimal or trivial contribution to V’s death.
What are the 3 intervening acts?
Act of God, Act of Claimant, and Act of a Third party. (e.g. medical negligence after the incident)
What is the “Thin Skull Rule”?
D must take V as they find them. Any pre-existing conditions will be disregarded.
When will D have Direct Intention?
If it is their Aim, Desire and purpose to bring about the consequence.
When will D have Indirect Intention?
If the outcome is virtually certain to arise, and D recognises this.
The jury will decide whether this amounts to intention.
When will D have Express Intention?
D directly intended for V to die
When will D have Implied Intention?
D intended to cause serious harm, but did not intend to kill V.
What is the Key Case for whether the killing is unlawful?
R v Beckford
What is the Key Case for the But For Test
R v Pagett
What is the Key Case for The Dimimis Rule?
R v Kimsey
What is the Key Case for the Thin Skull Rule
R v Blaue
What is the Key Case for Indirect Intention
R v Woolin
