Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

A2 Law - Murder > Actus Reus > Flashcards

Actus Reus Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

In what instances can a killing be lawful?

A

If a defence such as self defence is pleased successfully the killing will be lawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How can the ‘killing’ of the victim happen?

A

By act or omission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is an example of an ‘act’ that would kill?

A

To shoot or stab

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is an omission?

A

Where the defendant failed to act under their legal duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is an example of an unlawful killing as a result of an omission?

A

R v Gibbins and Proctor (1918)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the case of R v Gibbins and Proctor (1918) relevant too?

A

An unlawful killing happening as a result of an omission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What case happened in 1918?

A

R v Gibbins and Proctor (1918)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

In what year was the case of R v Gibbins and Proctor?

A

1918

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What happened in the case of R v Gibbins and Proctor (1918)?

A

They failed to fulfil their duty as parents and Gibbins daughter died

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What type of crime is murder?

A

A result crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What must be proved by the prosecution to establish it was a murder?

A

Factual and legal causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the problem with the actus reus of murder?

A

The term ‘human being’ because there are different beliefs at what point a foetus becomes a human being and what stage of the death process a person becomes a corpse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the problem with the term ‘human being’?

A

There are different beliefs at what point a foetus becomes a human being and what stage of the death process a person becomes a corpse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the actus reus of murder?

A

The unlawful killing of a human being under the queens peace and death has occurred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

In what instances can a killing be lawful?

A

If a defence such as self defence is pleased successfully the killing will be lawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How can the ‘killing’ of the victim happen?

A

By act or omission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is an example of an ‘act’ that would kill?

A

To shoot or stab

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is an omission?

A

Where the defendant failed to act under their legal duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is an example of an unlawful killing as a result of an omission?

A

R v Gibbins and Proctor (1918)

20
Q

What is the case of R v Gibbins and Proctor (1918) relevant too?

A

An unlawful killing happening as a result of an omission

21
Q

What case happened in 1918?

A

R v Gibbins and Proctor (1918)

22
Q

In what year was the case of R v Gibbins and Proctor?

A

1918

23
Q

What happened in the case of R v Gibbins and Proctor (1918)?

A

They failed to fulfil their duty as parents and Gibbins daughter died

24
Q

What type of crime is murder?

A

A result crime

25
Q

What must be proved by the prosecution to establish it was a murder?

A

Factual and legal causation

26
Q

What is the problem with the actus reus of murder?

A

The term ‘human being’ because there are different beliefs at what point a foetus becomes a human being and what stage of the death process a person becomes a corpse

27
Q

What is the problem with the term ‘human being’?

A

There are different beliefs at what point a foetus becomes a human being and what stage of the death process a person becomes a corpse

28
Q

What is the actus reus of murder?

A

The unlawful killing of a human being under the queens peace and death has occurred

29
Q

What is the definition the courts have provided as to when a foetus becomes a human being?

A

The baby has to have ‘an independent existence to that of the mother for it to be considered a creature in being’

30
Q

At what stage is a foetus recognised as a human being?

A

When it can have ‘an independent existence to that of the mother’

31
Q

What case of relevant to questions regarding the term ‘human being’?

A

R v Poulton (1823)

32
Q

What year was the case of R v Poulton?

A

1823

33
Q

What case happened in 1823?

A

R v Poulton (1823)

34
Q

What is the case of R v Poulton (1823) relevant too?

A

The definition of a human being

35
Q

What happened in the case of R v Poulton (1823)?

A

The mother tied the string around the neck of the baby and killed it whilst in the process of being bored. The court held the baby had to be fully expelled from the body to be considered a person and for it to be murder

36
Q

What was the outcome of R v Poulton (1823)?

A

The court held the baby has to be fully expelled from the body for it to be considered a person and for it to be murder

37
Q

What is the current stance on ‘the brain dead’ and if they are a ‘creature in being’?

A

There is no definitive answer, medical professionals and the law are still confused on this matter

38
Q

How are the ‘brain dead’ treated in relation to murder?

A

Doctors can turn their life support machines off and this does not break the chain of causation, the defendant would still be found guilty of murder. This suggests that brain death is a recognised test.

39
Q

Explain the ‘queens peace’ element of the actus reus…

A

It means that the killing of an enemy during war time is not murder

40
Q

Explain the ‘death to occur’ part of the actus reus…

A

There used to be a rule that for a defendant to be liable for a fatal offence the victim had to die within a year and a day of the act/omission

41
Q

Why has the year and a day rule been abolished?

A

Because it meant in certain circumstances, such as with life support machines, if the victim was on life support for longer than a year and a day the defendant could not be found guilty

42
Q

What abolished the year and a day rule?

A

Law Reform (year and a day rule) act 1996

43
Q

What act was passed in 1996?

A

The law reform (year and a day rule) act

44
Q

In what year was the law reform (year and a day) act passed?

A

1996

45
Q

What happens if the death occurs after 3 years of the unlawful act?

A

The attorney generals consent is needed for a prosecution

A2 Law - Murder (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions