Fatal offences Flashcards

1
Q

What is the definition of Murder ?

A

The unlawful killing of a human being under the kings peace which malice aforethought under.

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2
Q

What is the actus reus of Murder?

A
  1. Unlawful
  2. Killing
  3. Death
  4. Human being
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3
Q

What is the exceptions to unlawful killing?

A
  1. Defences- self defence
  2. Under the kings peace- times of war.
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4
Q

What do the legal rules constitute as dead?

A

If a person is brain dead in the eyes of the law they are dead they are no longer a human being.

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5
Q

What id the mens rea of murder?

A
  1. Direct/oblique intention to kill
  2. Direct/oblique intention to cause serious harm.
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