Murder Flashcards
Who defined murder
Lord Coke
Define murder
“The unlawful killing of a reasonable creature in being under the kings peace with malice aforethought express or implied”
What’s killing?
- there must be a dead body
- killing can be an act or omission E.g Gibbins & Proctor
- causation - factual & legal
What’s reasonable creature in being ?
- has to be a person
What is not a reasonable creature in being
- a foetus is not a person
- anyone on life support - Malcherek
What’s a year and a day rule?
Before the Law Reform Act 1966 v had to die within a yr and a day of the attack for D to be liable eg- Hillsborough disaster
What’s kings peace?
We are not at war if we were it’s not murder if you kill enemy in war
What’s the mens rea for murder
Malice aforethought express or implied
What’s malice aforethought express ?
Intent to kill
What’s malice aforethought implied?
Intention to cause GBH
What does R v Vickers state
D can be guilty of murder even though s/he did not intend to kill
What does r v Cunningham state ?
Intention to cause GBH is significant enough for the mens rea of murder
Key cases for the mens rea intent
- woolin : indirect intention
- mohan : direct intention
Define mohan intention
Decision to bring about the prohibited consequences
What test does woolin provide for oblique intention
- Death or serious injury must be a virtual certainty
- Did D appreciate that fact
