Murder Flashcards
Murder basic definition
Murder is the unlawful killing of a human being, with the intention to kill or cause grievous bodily harm. (moloney)
Actus rea for murder
Unlawfully
Cause death
of human being
Under queens peace
Murder>actus rea>unlawful- explain
death of v must be unlawfully caused. needs factual and legal test
Murder>actus rea>cause death- explain
factual and legal test used.
Murder>actus rea>human being explain
foetus isnt human. delivered baby is a human
Murder>actus rea>queens peace explain
doesnt include war situations
Mens rea for murder is
Intention to kill and cause GBH (DPP V SMITH-means really serious harm)
Mens rea>murder>types of intention
Direct intention(R V Calhaem - hired killer). Oblique intention