murder Flashcards
1
Q
what are the actus reus requirements for murder?
A
the unlawful killing of a human being under the queen’s peace (killing enemy soldiers in times of war is not murder)
2
Q
what must be shown to satisfy requirement of killing?
A
- the defendant was factual cause of V’s death
- was the legal cause of V’s death
- there was no intervening act
3
Q
do foetuses and unborn children constitute a human being?
A
no so cannot be murdered
a foetus born prematurely following an attack that then dies is a human being
4
Q
what is the mens rea for murder?
A
defendant performs the actus reus with malice aforethought.
an intention to kill or cause grievous bodily harm
