Muder Flashcards
What type of crime is murder
A common law offence
Is the penalty to murder set in statue based on whose definition
Yes on Lord coke 17th century judge
What is the actus reus
The unlawful killing of a human being during the queens peace
What must be proved for actus reus
D killed
A human being
Under the queens peace
The killing was unlawful
D must be kill by a positive act but can be an omission what case
Gibbins and proctor
What must there be to prove d killed
Causation so if an NAI breaks the chain of causation but could be charged with attempted murder or offence against the person
V must be a human when killed so
Must have been born and killing a foetus is not murder
To be given the protection of the law of homicide a child to be considered a human being must be
Wholly expelled from the mothers body and alive
Child must have an existnence and be independent from mother case
R v poulton
Could injuring a child in the womb so after it is born dies murder and confirmed in which case
Yes
Attorney generals reference no 3 1994
When is the point some one is considered dead
When they are brain dead confirmed in malcherek v steel
Facts malcherek steel
D assaulted leading to brain damage and put on life support. Doctors said was brain dead and disconnect machine and was pronounced dead. D argued doctors had been cause of death by turning off the machine this did not work and was rejected in c of a as d’s actions where an operating and substantial cause of death (smith and Cheshire)
Which judge States that the body dies with the death of the brain stem that controls the basic functions of the body. When this has happened v is dead even though by mechanical means the lungs are kept working
Lord lane
What is the queens peace
The killing of an enemy in war is not murder
The killing of a prisoner of war may well be murder
When may be murder by lawful
If killing is in self defence or the defence of an other or the prevention of crime if d used reasonable force in the circumstance then the killing is not lawful as in clegg
What type of defence is self defence e
A general defence so d will be acquitted if successful
What defence can occasional be used
A defence of necessity to justify murder as in re a (conjoined twins) providing the actions are reasonable
What is the actus reus for manslaughter
The same as for murder
What is the men’s rea for muder
Malice aforethought express or implied
Malice is specific intent so
Express or implied
Express of implied is sufficient was decided by c of a in
R v vickers confirmed in h o l
What do partial defences do
Allow murder to be reduced to voluntary manslaughter
What are the 3 partial defences
Diminished responsibility
Loss of control
Suicide pact (don’t study this)
Who do partial defence affect sentence
Gives judge discretion to sentence
What are the two type of manslaughter
Voluntary and involuntary
What is voluntary manslaughter
Where d has necessary Mr and AR for murder but certain circumstances partially excuse the conduct
Why are partial defences so important
Because of the mandatory life sentence attached to murder
Murder is the most serious offence under what
Homicide
