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Law > Fatal Offences > Flashcards

Fatal Offences Flashcards

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1
Q

What did lord coke say about murder?

A

Unlawful killing of a reasonable creature in being under kings peace with malice aforethought

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2
Q

What is the AR for murder?

A

Unlawful killing.
Reasonable creature in being.
Under kings peace.

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3
Q

What are the cases under unlawful killing AR of murder?

A

Can be act or omission (GIBBINS V PROCTAR)
Not unlawful killing to turn of life support (MALCHEREK + STEEL)
Not unlawful to withdraw feeding tube (BLAND)
Not unlawful when doctor operates to save one patient but kill another (RE A) (conjoined twins)

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4
Q

What is the case under reasonable creature in being for AR of murder?

A

Foetus must be born alive and live independently of mum to be human being (AGS REF)

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5
Q

What is the case under under kings peace for AR of murder?

A

Not at war (PAGE -killed someone in town said that they were at war but were not so he was guilty.)

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6
Q

What is the MR for murder?

A

Malice aforethought.
Can be express malice - intention to kill - or implied malice - intention to cause serious harm (VICKERS)(CUNNINGHAM).
Cant have recklessness (MOLONEY)
Can only be direct or oblique intent.

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Law (6 decks)

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