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.
2
Q
What is the actus reus of Murder?
A
- Unlawful
- Killing
- Death
- Human being
3
Q
What is the exceptions to unlawful killing?
A
- Defences- self defence
- Under the kings peace- times of war.
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.
5
Q
What id the mens rea of murder?
A
- Direct/oblique intention to kill
- Direct/oblique intention to cause serious harm.