Murder Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Who came up with definition of Murder

A

c.17 Lord Coke - Elizabethan Jacobean era

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Unlawful

A

Beckford

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Killing

A

Ds act must cause V death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Omissions

A

do not give rise to liability unless there is duty to act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Duty if D voluntarily assumes duty

A

Stone v Dobson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Because of a relationship

A

Gibbins v Proctor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

D created dangerous situation

A

Miller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Factual Causation

A

but for D act would V have died (White)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Legal Causation

A

More than a slight or trifling link (kimsey) More than a minimal cause (Cato)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Vs own act may break chain if they are daft

A

Williams

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

If V acts in reasonably foreseeable way it will not

A

Roberts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Overwhelming failure in medical treatment

A

Jordan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Thin skull

A

Blaue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Reasonable creature in being

A

AG ref no 3 of 1994-foetus isn’t reasonable creature in being.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Under the Queen’s peace

A

it is not murder to kill enemy during war R v Page

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Mens Rea

A

malice aforethought express or implied

17
Q

Express malice

A

Intention to kill

18
Q

Implied Malice

A

intention to cause GBH DPP v Smith Vickers

19
Q

Direct intention

A

Mohan , D’s aim purpose or desire/ making a decision

20
Q

Direct intention

A

Mohan , D’s aim purpose or desire/ making a decision bring about the criminal consequence (for murder kill or cause GBH)

21
Q

Oblique

A

Jury can find intention if death or serious injury is virtually certain as a result of D’s actions and D knows this (Woollin)

22
Q

Transfered Malice

A

if D intends to commit the crime against a different victim Mr can be transferred from the intended to to the actual victim. Latimer

23
Q

Coincidence Rule

A

AR&MR must happen at the same time for D to be guilty. Where there are a series of events if D has MR at any point D may be liable. Thabo Meli