CRIMINAL LAW- fatal offences-murder Flashcards
what is murder?
most serious offences and uk and carries mandatory life sentence.
define murder?
where a person kills another person with intention of doing so, or result as to causing serious injury.
what type of offence is murder?
common law offence
what is deinition of murder?
coke- “the unlawful killing of another human being under the queens peace with malice aforethought,express/implied”
what does the ar of ‘unlawfully’ contained in definition mean?
not lawful
what does the ar of ‘kill’ contained in definition mean?
need to cause death CAUSATION /death by omission more common also another e.g medical int
what does the ar of another contained in definition mean?
prosecution for murder can be anytime within 3yrs + foetus in womb not murder
reference to foetus in womb?
ATT-gen ref no.3 of (1994)(1998)-as it has no seperate existence but if out womb an suffers= manslaughter
what act would it be under if child dies out of womb?
Child Destruction Under The Infant Life Preservation Act 1929
what does the mr of ‘malice aforethought’ mean in cokes definition?
intent to kill
two types of intent?
direct (r v mohan) indirect (r v woolin)
what is basic ar of murder?
to cause death
what is basic mr of murder?
intent to kill / intent to cause serious harm (s.18)
what is manslaughter?
if d killed another intentionally or not may be convicted of lesser offence.
what are the types of manslaughter?
voluntary and involuntary (defences for murder)
