Fatal offences Flashcards
What is meant by a fatal offence ?
A criminal offence which involves the killing of an individual.
What are the three types of fatal offences ?
- Murder
- Voluntary manslaughter
- Involuntary manslaughter
Lord Coke defined murder as …
“The unlawful killing of a reasonable creature in being, under the king (or queens) peace - in any country of the realm - with malice aforethought (express or implied)”
What are the actus reus elements required for murder ?
- Unlawful killing
- Reasonable creature (human being)
- Under the king (or queens peace)
- In any country of the realm -
What is the mens rea required for murder ?
Malice aforethought (express or implied)
An unlawful killing can be carried out via…
- A positive act
- Omission
Which case is used to establish an unlawful killing ?
“Rv Gibbins and Proctor”
Which case established turning off life support is a lawful killing ?
“Rv Malcherek and Steel”
Which case defined that operating to save one patient is a lawful killing ?
“Re A”
Which case defined “human being”
“AG ref No.3 1994”
What did AG ref No.3 define about “human being”
Death of a foetus is not murder as human life begins when the child is able to have “an independent existence outside the womb.”
When is an individual classed as dead ?
“Brain death”
Which case supports the element of “Under the king or queens peace” ?
“Rv Page”
What does “in any country of the realm” mean.
Any country following UK law *
Is causation applied to murder ?
YES *
