Murder Flashcards
What is the definition of murder?
The Unlawful Killing of a Reasonable Creature in Being, Under the King`s Peace with Malice Aforethought, expressed or implied
What is meant by Unlawful?
An Act or omission without legal excuse- R V Clegg
What is meant by Killing?
An Act or omission which causes the death of the victim
What comes alongside Killing?
Causation
How is Factual Causation measured?
The “But For” Test
R V White
R V Pagett
How is Legal Causation measured?
Operative and Significant Cause/ De minimis principle
R V Hughes
R V Smith
What is the thin skull rule?
When you take the victim as you find them
R V Blaue
What are Novus Actus Interveniens?
Intervening Acts
1) Acts of a third party including medical treatment- R V Jordan/ R V Cheshire
2) Acts of the victim- R V Roberts/ R V Williams and Davis
3) A Natural but Unprecedented Event
What is meant by a reasonable creature in being?
A human being
Does a foetus class as a human being?
No, the creature must be expelled from the womb (R V Poulton) and must be able to breathe independently (R V Enoch)
Is it accounted for murder if the person is brain dead?
No, a person is dead once he or she stops breathing, the heart stops pumping blood and the brain ceases to function- Malcherek and Steel
What constitutes being under the King`s peace?
Within a country of the realm or acting in a military capacity during a time of war
In other words, killing is murder outside of war time without authorisation of the monarch
R V Page
What is expressed malice?
Intention to kill
How is intention measured?
Indirect- Virtual certainty/ foresight of consequences
R V Woolin/ R V Moloney
Direct- R V Mohan
What is implied malice?
Intention to cause GBH
R V Vickers
