Murder Flashcards
What are the steps for murder?
Actus reus: Unlawful killing of a human being in peace time
Act or omission
Causation
Mens rea: Malice aforethought
Direct/indirect intention
Transfer of malice
Voluntary manslaughter (might not need)
General defences
What is the definition of murder?
Where a person causes the death of human being with malice aforethought (Lord Justice Coke) - in peacetime
Is murder a common law crime?
Yes
What is important about ‘human being’?
Cannot be a foetus as it must have been born
What is death taken to be?
Brain-death
What is peacetime?
The country is not at war
For there to be a murder by omission what else must there be?
A duty of care
What is an omission?
A failure to act
What is malice aforethought?
Intention to kill or cause GBH (serious or really serious harm)
Can the mens rea of murder be achieved through recklessness?
No
What are the general defences to murder?
Which case shows watching a crime is not a crime?
R v Clarkson
Which cases show an omission for murder?
R v Stone & Dobinson and R v Gibbons & Proctor
Which case shows malice can be transferred from a person to a person?
R v Latimer
Which case shows there is no requirement the act is directed towards the victim?
R v Mitchell
