AR of Murder Flashcards
AR of murder
The unlawful killing of a human being within the queen’s peace
Unlawful
No lawful excuse - self defence is lawful excuse
Mercy killing
Someone makes decision. One sided arrangement. Compassion does not render lawful - Ingliss
Nickilson
Could not use Art 2 right to life
Does not include right to death
Confirmed person causing death of another is guilty of murder
Art 8
Does not extend right to die nor did suggest that it should include
Right to respect private life
Assisted suicide
Not the same as mercy killing
Offencs under S2(1) suicide act
Conway v sec of state for justice
S2(1) deliberately interfered with rights of Art 8
Refused to apply the scheme
Causation - the unlawful killing
Re A - brain stem death
Usually Positive act
Can be omission if duty to act - Gibbins
Result crime - White
Smith
Test is whether operational and substantial cause of result
Human being
A-G’s reference - cannot kill child in womb or being born
Child must be wholly expelled - Poulton
Independent existence- Enoch
Within queen’s peace
Cannot kill enemy alien in war
Adebalajo and Adebewale - argued they were at war
Term within Q peace refers to status of V not D
Cheshire
Only need to be significant cause of death
