Murder Flashcards
What is murder?
The unlawful killing of a reasonable person in being under the King’s peace with malice aforethought, express or implied. Murder is a common law indictable offence with a mandatory life sentence if D is found guilty.
When will the killing be lawful?
- Self-defence: the D needs to prove their actions were necessary and reasonable.
- Active duty as a soldier
- Defence of necessity: conjoined twins
- Omissions: no duty to act in English law
What does the term ‘A reasonable person in being’ mean?
A human being
- so for murder a living person must be killed
Who are not classed as a ‘reasonable person’?
A foetus (cannot survive outside the womb)
Brain dead (no longer active)
What is murder under the queens peace?
The killing of an enemy during wartime.
What is malice aforethought?
Intends to kill, needs to be truly malicious, needs no more than a split seconds premeditation.
What is express malice?
The D intends to kill, generally poses no problem, MR is fulfilled.
What is implied malice?
D intends to inflict really serious harm.
What is oblique intention?
D can be found guilty of indirectly intending to kill the D as long as it can be proved he had foresight of this consequence.
