LAW P1 CRIM (MURDER) Flashcards
What is the definition of murder?
Murder is a common law offence and was defined by Lord Coke as ‘the unlawful killing of a reasonable person or creature under the kings peace with malice aforethough expressed or implied’.
What is the AR of murder?
The actus reus of murder is the unlawful killing.
The killing must be unlawful, if the killing is done in self defence or defence of another, then the killing would not be considered unlawful.
CASE - R v Malchereck, the original injuries inflicted were the operative and substanital cause of death
What is the MR of murder?
The mens rea of murder is malice aforethought expressed or implied.
Malice aforethougt expressed = intent to kill
Malice aforethought implied = intent to cause GBH
CASE - DPP v Smith, the defendant intended to cause serious harm
CASE - R v Clegg, the defendant didn’t intend to kill.
What sentence does a murder conviction carry?
A murder conviction carries a mandatory life sentence.
There exist three partial defences to murder which may reduce the conviction to voluntary manslaughter.
