Murder Flashcards

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

Lord Coke’s definition of murder

A

Unlawful killing of a reasonable creature in being under the Queen’s peace with malice aforethought, either express or implied

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

Modern definition of murder

A

Unlawful killing with malice aforethought

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

First element of murder actus reus

A

‘Killing’ by act or omission
Acts: shooting, stabbing, strangulation etc

If there is a duty to act you can kill through omission;
Contractual, relationship, public office, assuming responsibility voluntarily, creating a dangerous situation

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

After actus reus..

A

Causation

D’s act or omission must cause V’s death

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

element actus reus murder ‘unlawful’

A

Martin

Force must be unnecessary

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

Examples of lawful killing

A

Surgical operation
Self defence
War

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

element of actus reus ‘reasonable creature in being’

Start of life and end of life

A

AG 3 1994
When a child is fully expelled from mother’s womb life starts

Steel
Life ends at brain stem death

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

Can you transfer malice from foetus to mother

A

No, can’t transfer malice from non reasonable person in being to a reasonable person in being

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

Airedale NHS trust v Bland

A

Life sustaining treatment can be withdrawn from a patient in a persistent vegetative state as long as the court has given permission and it is in the patient’s best interests to do so

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

element actus reus ‘under the Queen’s peace’

A

A country is not under the Queen’s peace if a war has been declared
DPP v Clegg

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

Express malice means

A

D intends to kill

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

Implied malice means

A

D intends to cause GBH (actually caused death)

Never recklessness- always intention

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

Defined grievous bodily harm

A

DPP v Smith

Enflict GBH onto another person

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

Implied malice case and principle

A

Vickers

Intention to cause GBH is sufficient for murder

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

Direct and oblique intention cases

A

Mohan

Woollin- objectively virtually certain, virtually certain view of defendant

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

Coincidence- single transaction theory

A

Thabo Meli

When mens rea occurs first and has to be extended to meet the actus reus

17
Q

Coincidence- continuing act

A

Fagan v MPC

Actus reus is first and has to be extended to meet mens rea

18
Q

Mens rea

A

Malice aforethought