Criminal - Murder Flashcards
What is the definition of murder?
Sir Edward Coke defined murder as the unlawful killing of a reasonable person in being under the King’s peace with malice aforethought express or implied
Which case shows that a brain dead person is not a reasonable person in being?
Malcherek v Steel
What case shows that a foetus is not a reasonable person in being?
Attorney General Ref. (No.3 of 1994)(1997)
Which case shows an omission as the actus reus through a public position?
R v Dytham
Which case shows an omission as the actus reus through a voluntary assumption of a duty?
Stone v Dobinson
Which case shows an omission as the actus reus through the defendant’s own actions?
R v Miller
Which case shows an omission as the actus reus through a contractual duty?
R v Pittwood
Which case shows an omission as the actus reus through a duty arising from a relationship?
Gibbons v Proctor
In which case did factual causation apply?
R v Pagett
In which case did factual causation not apply?
R v White
For legal causation, which case shows that the defendant’s act must be more than minimal but needn’t be substantial?
More than minimal = R v Cato
Needn’t be substantial = R v Kimsey
What is the case for the thin skull rule?
R v Blaue
What are the three events that could break the chain of causation?
1) the act of a third party
2) a natural but unpredictable act
3) the unpredictable act of the defendant
In which case did negligent medical treatment break the chain of causation?
R v Jordan
In which case did medical treatment not break the chain of causation?
R v Cheshire
In which case did the act of the defendant break the chain of causation?
R v Williams
In which case did the act of the defendant not break the chain of causation?
R v Roberts
Which case defined direct intent?
R v Mohan = A decision to bring about a prohibited action
What is the case for implied malice?
R v Vickers
What is the two part test established in Woolin?
1) Was the outcome a virtual certainty
2) Did the defendant realise this
What is the case for transferred malice?
R v Latimer
How do you prove intent?
You cannot prove intent, you only find evidence to convict
