murder Flashcards
What is the full definition of murder?
The unlawful killing of a reasonable creature in being under the King’s peace with malice aforethought, either express or implied.
What is the simplified definition of murder?
Unlawful killing with malice aforethought.
What is the actus reus of murder?
The unlawful killing of a reasonable creature in being under the King’s peace.
How can the killing be done?
Either through an act or an omission where D has a duty to act (include causation here).
Which case defines an unlawful killing and what is the definition?
R v Martin. Unlawful means unnecessary (i.e. D’s act was unnecessary).
When does life start according to the law?
Attorney General’s Reference No 3 1994- a foetus must be fully expelled from the mother’s womb and be capable of an existence that is independent of the mother, which means it must have been born.
When does life end according to the law?
R v Malcherek and Steel- when V is brain stem dead.
What does the law say about people who are not brain stem dead but have a poor quality of life?
Airedale NHS Trust v Bland- life sustaining treatment can be withdrawn from a patient in a persistent vegetative state as long as the court gives permission and it is in the patient’s best interests to do so. The patient is still a reasonable creature in being though.
What does it mean to be under the King’s peace?
A time of peace meaning the country is not at war.
When is a country not under the King’s peace?
DPP v Clegg- when war has been declared.
What is the mens rea of murder?
Malice aforethought either express or implied.
What is express malice?
The defendant expressly intends to kill.
What is implied malice?
The defendant intends to cause GBH.
What is the definition of GBH?
Really serious harm (DPP v Smith).
What is the leading case on implied malice and what does it say?
Vickers- intention to cause GBH is sufficient mens rea for murder if V dies.
