Murder Flashcards
What is the broad definition of murder?
Where a person unlawfully causes the death of another person, with the intention to kill or to cause GBH
If D only intended to seriously hurt V, but V dies, what offence is this?
Murder
Murder is a common law offence. True or false?
True
What is the technical, legal, definition of murder?
Where a person unlawfully kills another person, V, under the Queen’s peace, and does so with the intention to kill V or to cause V GBH
Murder can be made out without a set time limitation period.
What was the previous law, and what piece of legislation reformed it?
The “Year and a Day Rule” was abolished by the Law Reform (Year and a Day Rule) Act 1996.
What is the actus reus of murder?
Unlawful killing under the Queen’s peace
What type of crime is murder?
A result crime
“Causing death” can also mean “accelerating death” True or false?
True
What is the mens rea of murder?
The intention to kill or do GBH. - these are the only requirements
What is the definition of direct intention in murder?
D carries out conduct in order to cause death or GBH to V
When are a jury entitled to find indirect intention in murder?
Where D carries out conduct which is virtually certain to cause death or GBH to V, and D foresees this
What are the two general defences that do not apply to murder?
Duress and duress of circumstances
What are the partial defences to murder? What piece of legislation are these under?
Loss of self control; diminished responsibility; and suicide pact.
The Homicide Act 1957 (together with the Coroners and Justice Act 2009)
What happens to a murder charge if D has a successful partial defence?
The charge of murder is downgraded to voluntary manslaughter
What previous partial defence has been abolished by s 56 of the Coroners and Justice Act 2009?
Provocation
