Murder Flashcards
What type of offence is murder ?
A common law offence
Where does the accepted definition of murder come from ?
Lord coke 1791
What is the accepted definition of murder ?
“Murder is the unlawful killing of a reasonable creature in being under the kings peace with malice aforethought, express or implied
What are the AR elements of murder ?
Unlawful killing
Reasonable person
Under Kings peace
How can a murder be committed ?
Through an act or omission
What is considered a reasonable creature in being ?
A person that has been born, and is alive in the brain
What does under the kings peace mean ?
When we are not at war
When might killing be lawful ?
Self-defence
Prevention of a crime
Police officers using proportionate force
switching off life support
What is the MR element of murder ?
intention to kill or cause GBH
(with malice aforethought)
Does the rule of transferred malice apply to murder ?
yes
How long are convicted murderers over 18 sentenced to ?
life imprisonment
What is transferred malice ?
where a person intends to commit a crime against one person, but actually ends up harming a different person instead
What case can we use for transferred malice ?
R V Latimer (1886)
What happened in R V Latimer (1886) ?
D got into a bar fight tried to hit a man with his belt, ricochet off and hit a woman in the face
