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LAW -crime > murder > Flashcards

murder Flashcards

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1
Q

what is lord Coke’s definition of murder?

A

the unlawful killing of a reasonable creature under the queens peace with malice afterthought

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2
Q

what type of offence is murder?

A

murder is one of the most serious crimes that would be tried as an indictable offense with a mandatory life sentence.

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3
Q

what is the actus reus of murder?

A

the actus reus of murder is the “unlawful killing of a reasonable person under the queens peace” this means that the guilty act of murder is the unlaful killing of this being. unlawful refers to the illegal killing and reasonable person refers to a being that is independent of the mother meaning outside the wob.

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4
Q

what are examples of lawful killings?

A

A lawful killing is a killing that doctors, police, and the army would use for example RE A is the case of conjoined twins when doctors went to the courts to ask for the lawful killing of one twin.

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5
Q

what is an example of an unlawful killing ?

A

an example of unlawful killing would be R V MARTIN where a framer shot 2 burglars who attempted to break into his farmhouse

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6
Q

what is the mens rea of murder?

A

the mens rea of murder is malice afterthought wither intention to kill expressed malice or intention to cause serious harm implied malice.

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7
Q

example cases that demonstrate the mens rea of murder?

A

R V Vickers established that intention to cause GBH is sufficient for murder. r v woolin show that murder extends to oblique intent

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8
Q

further explain the actus reus of murder

A

the actus reus of killing can be by act or omission but it must cause the death of the victim, and omission could be where the defendant failed to act under their legal duty eg R V GIBBINS AND PROCTOR

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9
Q

WHAT case refers to a filure to act that resulted in the death of the victim ?

A

R V GIBBINS AND PROCTOR

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10
Q

does legal causation and factual causation need to be proved for murder ?

A

YES

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11
Q

HAT CASE REFRES TO POOR MEDICAL TREATMENT THAT resulted in death

A
  • R V JORDAN AND R V SMITH
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12
Q

what are the three principles of actus reus

A

unlawful killing- can be by act or omission where dD failed to act R V GIBBINS AND PROCTOR/ poor medical treatment EG R V JORDAN

human being - REFERS TO the independence of mother outside of the womb - attorney generals reference

Queens peace - this refres to the killing of an enemy during war time this does not amount to murder

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13
Q

EXAPLIN human being as apart of the actus reus of murder

A

human being refers to outside the mothers womb an independent existence to that of the mother this was confirmed in ATTORNEY GENERALS RFERENCE NO3 OF 1994

brain dead also refers to a creature in being which does not break the chain of causation which means D will still be found guilty of murder as in R V MALCHEREK AND R V STEEL

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14
Q

what case confirmed that a foetus is outside the mothers womb

A

ATTORNEY GENRALS REFERENCE NO3 OF 1994 - foetus is not a creature of being

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15
Q

WHAT CASES confirm that Defendant will be criminally liable for murder if the life machine is turned of

A

R V MALCHEREK AND R V STEEL

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16
Q

further explain the Mens rea of murder

A

MR - malice afterthought , the intention to kill express malice or the intention to cause serious harm implied malice

which does not require pre mediation eg in R V VICKERS where d broke into shop and punched old lady she died of her injuries which was further explained in r v cunningham

17
Q

which case confirmed the mens rea of murder as not requiring pre meditation

A

r v vickers which was confirmed in R V CUNNIGHAM

18
Q

what are the two types of intention ?

A

DIRECT INTENT - this is when defendant intends to achieve their act and sets out to achieve it MOHAN

INDIRECT INTENT - (oblique intent) where the defendant did not desire a particular result but the results could be foreseen EG R V HYAM

19
Q

which cases illustrate direct intent and oblique intent?

A

Direct intent- R v MOHAN - d forsaw the consequences , she knew it was likely to happen -

20
Q

what test did r v hyram lead to ?

A

Maloney lead to two part test formulated by lord bridge because Hyram was stated to be bad law and just because the consequences were forseen does not mean they intended it

1) was the death or serious injury a natural consequence of the defendants act
2) did the defendant foresee that

21
Q

what test did maloney lead to ?

A

from Hancock and Maloney the virtual certainty test was created

1) how probable was the consequence which resulted from the defendants voluntary act
2) did the defendant foresee the consequence as virtually certain

the virtual certainty test is evidence that the defendant has inention

22
Q

what did R V WOOLIN STATE ?

A

r v woolin refferd to substantial risk and reinforced the idea that Nedrick virtual certainty test is more effective in murder cases

23
Q

what does transfered malice mean ?

A

transfered malice refers to the transfered mens rea where d intends to kill or cause serious injury to victim but accidently kills victim number two which can result in d being guilty of murder eg in latimer

24
Q

what case illistrates transfered malice ?

A

LATIMER

25
Q

GIVE THREE CRITICISMSOF MURDER ?

A

old fashion definitions- for example definition of human being

26
Q

what is the actus reus and mens rea coinciding ?

A

this is the principle that both the mental and physical element of the crime must be present in order for someone to be liable for murder

27
Q

explain what is meant by killing as the actus resu of murder

A

killing can be done by act or omssions but must cause the death of the victim highlighted in the case of Gibbins and proctor

28
Q

what are the cases that can be used to describe poor medical treatment

A

R V JORDAN AND R V

29
Q

what was the significant case that established what human being should be defined as, as apart of the actus reus of murder

A

attorney generals reference no 3 of 1994- creature in being and r v poutton

30
Q

what are the cases that can demonstrate brain dead .

A

r v maloreck and r v steel

31
Q

what are the cases that can illustarte factual causation

A

R V WHITE

32
Q

WHAT is the case that can estbalish legal causation

A

R V BENGE

LAW -crime (25 decks)

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