Fatal Offences: Murder Flashcards
Who defined murder?
Lord Coke
What did Lord Coke define murder as?
‘The unlawful killing of a human being under the king’s peace in any country of the realm with malice aforethought’
What kind of law is murder?
Common law
What is the AR for murder?
Unlawful killing
Human being
King’s peace
In any country of the realm
What is an unlawful killing?
Where the killing is held to be unlawful
When will the killing be lawful?
Due to necessity
Self defence
What happened in ReA?
If conjoined twins not separated, both would have died, so was lawful to separate them due to necessity
What is a human being?
‘Independent existence outside of the womb’
What happened in the AG Ref No3?
Violence towards a fetus which dies after is been born can amount to murder
What happened in Malcherek v Steel?
At the time of switching off the machine, the V’s were already brain dead, so the doctor’s werent liable
What does under the king’s peace mean?
Killing enemy soldiers during a time of war won’t constitute the AR for murder
What does any country of the realm mean?
If the D is a british citizen, can be tried in UK for murder comitted in another country
What are the principles of causation?
CIF + CIL - NAI = Guilty
What is CIF?
‘But for’ the D’s actions, victim wouldn’t have died
What happened in the case of White?
Not liable as his mum would have died anyway
What is CIL?
D is morally responsible
More than minimal cause
Accelerated the V’s death
What happened in Pagett?
D convicted as he was MMA for the death of his girlfriend
What are NAI?
An intervening act, will remove liability from D
Contributory negligence
Longbottom - D guilty as V was deaf
Escape of the victim
Roberts - D guilty, what girl did was reasonable
Victim’s treatment of themselves
Dear - re opened stab wounds
Intervention of a 3rd party
Jordan - Doctors were palpably wrong, given allergic antibiotics
Eggshell conditions
Dont break the chain of causation
What happened in Blaue?
Was a Jehovah’s witness so unable to break chain
What is the MR for murder?
Malice aforethought
Intention to kill or cause GBH
What is direct intent?
D has aim and desire to prodce certain outcome
What happened in Mohan?
D had intent to cause harm as he accelerated
What is oblique intent?
Death or serious injury is a virtual certainty of D’s actions
What happened in Woolin?
Threw baby to pram, suffered injuries and died, was guilty of manslaughter
