Murder Flashcards
Who defined murder and what is the simple definition of murder?
Lord Coke defined murder in 1797 as the unlawful killing of another with malice aforethought.
What age must defendants be and which case considered this?
Must be at the age of discretion (10) and of sound memory. As seen in R v. Thomson and Venables.
Which defences will prevent a conviction of murder?
Self-defence and necessity (Re. A)
Define rerum natura and give a case that considered this.
Independent of living independently. In the Attorney General’s Reference No 3 of 1994, the malice could not be transferred to the unborn child as it was not in rerum natura.
What is the legal definition of death?
Brain stem death.
Give some cases where turning off a life support machine proved controversial.
R v. Malcharek
Ariedale NHS v. Bland
(Both cases did not amount to murder)
Name the two types of mens rea for murder.
Express malice - intention to kill
Implied malice - intention to cause GBH
What does s.8 of the Criminal Justice Act 1967 state?
When considering if D. had an intention, the jury must refer to all evidence.
What other type of intention is accepted for murder?
Oblique intention as seen in R v. Woolin.
What did R v. Matthews and Alleyne demonstrate?
Even if the D. foresaw death, the jury does not need to find intent.
What did R v. Coutts state?
The Jury may return a verdict of manslaughter if they so wish.
Which statute abolished the year and a day rule? What is the new requirement for prosecuting after a time gap?
The Law Reform (Year and a Day Rule) Act 1996. Now, to prosecute after 3 years, the A-G’s permission must be gained.
