Murder Flashcards
What is murder intro?
-An indictable common law offence.
-Mandatory life sentence.
-Originating from Lord Cokes ideas in 1779
-UK, HB, QP, MAE, MAI.
What is the actus reus of murder?
-The unlawful killing of a human being under the kings peace.
Which cases go with human being?
1- AG’s reference 3 of 1994
2- R V Malcherek
AG’s reference 3 of 1994?
-cannot be an unborn foetus
Malchereck?
-must have brain function at the time of the incident.
Go through second! What is the mens rea of murder?
-Malice aforethought express.
-Malice aforethought implied.
Go through first! What are the two types of intention?
-Oblique intention.
-Direct intention
What is malice aforethought implied?
-Where the defendant only meant to inflict GBH (‘really serious harm’) as defined in DPP V Smith) onto the victim- R V Vickers 1957.
R V Vickers
-Intention to inflict GBH enough for mens rea.
What is malice aforethought express?
A direct intention to kill. (R V Mohan).
Which case establishes direct intention?
R V Mohan-outcome was the aim.
What is oblique intention?
Where the outcome was not the aim of the defendant but is a virtual certainty based on their actions (R V Woolin 1998).
Which case for MR?
-Malice aforethought express (Mohan)
-Malice aforethought implied (DPP V SMITH) (R v Vickers).
-Oblique intention- R V Woolin.
-Direct intention- Mohan.
What should also be mentioned in a murder answer?
Factual and legal causation.
only short sentence if not issue
R V Mohan
-Death was the aim.
