Criminal Law Flashcards
Is murder a common law or statute law?
Common law - Created by Judges
What is the definition of Murder?
The unlawful killing of a reasonable creature in being under the king’s (or queens) peace with malice aforethought, expressed or implied.
What does Actus reus mean?
The actual act
What are the two types of causation?
Factual causation - ‘But for’ test
Legal cause - D has to be more than a minimal reason of the crime
What does novas actus interventens mean?
No intervening acts- There shouldn’t be intervening acts between the defendants Action and the consequence.
Explain the thin skull rule including a case.
The thin skull rule states that you must take your victim as yo find them.
Blaue (1975)- stabbed but was Jehovas witness so couldn’t accept blood transfusion so died, D convicted of murder.
What are the three main intervening acts?
- Act of a third party
- Victims own act
- Natural but unpredictable event
What are the five cases that you can be guilty of omisssions? Use examples
- Duty from contract - Pitwood 1902 (D employed as railway guard but forgot to close gate, car was hit by train driver died so D was liable for Maurer
- Duty from relationships - Gibbons 1918 (Mother and father starved their kid)
- Duty taken voluntarily - Stone 1977 (Defendants voluntarily took a family member in and she died due to poor treatment)
- Duty arises due to events set in motion by the defendant - Miller 1983 (D = homeless set mattress on fire then left but was held liable)
- Official position
What is the Actus reus of murder?
- Defendant killed
- a human being
- in the queens peace
What are the two types of mens rea?
- Express malice aforethought (Direct intent) - Intent to kill
- Implied malice aforethought (Oblique intent) - Intent to cause GBH
What is foresight of consequence and name a case that it was used in
- It states that the defendant must foresee the outcome of death and this would be used as evidence for intention for the crime
- Woolin (1998) - Dad threw baby at prom and missed (If the outcome of death sis verbally certain the jury’s may infer guilt
What is transferred malice?
If the defendant intended to commit a similar crime but on another victims then the charge will still stand as they still had the intention to commit the crime
What Act is the defence of loss of control in?
Section 54 Coroners and Justice Act
What does the Act state needs to occur in order to use the defence of loss of control and what sections are they in?
- Section 54(1)(a): D must lose control
- Section 54(1)(b): Because of a qualifying trigger
- Section 54(1)(c): Person of the Same sex and age would have reacted in the same way
What classes as a qualifying trigger for someone to use the loss of control defence?
- Defendant must be scared
- Things said/done must be of an extremely grave character and create D to have justifiable sense of being wronged