Chapter 2 - Murder Flashcards
What is the definition of murder?
The unlawful killing of a reasonable person in being under the Queen’s Peace with malice aforethought, express or implied
What is the most serious homicide offence?
Murder
Is murder a common law offence?
Yes
What is a common law offence?
An offence which is not defined by an Act of Parliament
Who defined murder?
Lord Coke
What is the jurisdiction of murder?
A person can be charged with a murder committed anywhere in England and Wales and murder in another country just as long as it is committed by a British citizen
Can a British citizen be tried in English courts if they have committed a murder in another country?
Yes
What is the actus reus of murder?
(1) the defendant killed
(2) a reasonable creature in being
(3) under the Queen’s Peace
(4) and the killing was unlawful
Can an omission be sufficient for the actus reus of murder?
Yes
In which case did the D’s omit to doing something which resulted in murder?
R v Gibbins and Proctor (1918)
What type of crime is murder?
A result crime
What does a result crime mean in terms of murder?
The defendant cannot be guilty unless their act or omission caused the death
There may be problems with causation, what does this mean?
In some cases there may be other causes contributing to the death of another such as poor medical treatment which may cause a break in the chain of causation
What are the 2 problems areas with ‘reasonable creature in being’?
(1) is a foetus in the womb a reasonable creature in being?
(2) is a victim still considered to be alive if they are brain-dead but being kept alive by a life-support machine
If a foetus is killed is this classed as murder?
No
When is a child classed as a ‘creature in being’?
When the child has an ‘existence independent of the mother’ which means it can’t be in the womb
Is an individual who is brain-dead considered a ‘reasonable creature in being’?
It is not yet certain
Are doctors allowed to switch off life-support machines without being liable for murder?
Yes
Is there a time limit on when a death may occur after an unlawful act?
No
What is the rule called which states that there is no time limit?
Year and a Day Rule
What needs to be done where the death occurs more than 3 years after the act in order to prosecute?
In order to prosecution after 3 years from the unlawful act, the Attorney-General needs to give consent
What does ‘under the Queen’s Peace’ mean?
Under the Queen’s Peace this means that the killing of an enemy in the course of war is not murder
Must the killing be unlawful?
Yes
What makes a killing lawful?
If the killing is in self-defence or defence of another or in the prevention of crime and the defendant used reasonable force in the circumstances
What is the mens rea of murder?
Malice aforethought either express or implied
What is express malice aforethought?
This is the intention to kill
What is implied malice aforethought?
This is the intention to cause grievous bodily harm
Which case established that a defendant can be guilty of murder even though they did not intend to kill?
R v Vickers (1957)