Murder Flashcards
1
Q
What is the definition of murder
A
The unlawful killing of a reasonable creature in being under the queens peace with malice aforethought: expressed or implied
DEFINED BY LORD COKE
2
Q
What is not considered an unlawful killing
A
- self defence
- defence of another
- prevention of a crime
- using reasonable force (Beckford)
3
Q
‘Killing’
A
- committed through an act or an omission
- result crime
- factual casuation = but for test
- ## legal causation = r v Kimsey - operating and substantial cause of death, trifling link