Murder Flashcards
who defined murder and what is it’s definition?
Lord Coke
‘the unlawful killing of a human being under the queen’s peace, in any country of its realm, with malice aforethought, express or implied’
what are the 5 areas of murder?
- unlawful killing
- human being
- queens peace
- causation
- mens rea
what does ‘unlawful act’ mean?
the killing can be an act or an omission
what case example can be used for ‘unlawful killing’?
Gibbins & Proctor - Ds let their 7 year old daughter starve to death. Guilty.
what does ‘human being’ mean?
A foetus is not independent from a mother and does not have independent circulation so is not a human being.
People on life support are brain dead so not considered human beings.
what does ‘under the queens peace’ mean?
the country is not at war
what case example can be used for ‘under the queens peace’?
Adebolajo - D wanted someone to experience war suffering like in his country. He decapitated an off duty British Soldier in London City Centre.
what is factual causation?
‘but for’ the defendant’s actions, would the victim have survived?
what is legal causation?
the defendant must be a ‘more than minimal cause’ of death / morally responsible for the crime
what are the 7 intervening acts?
- eggshell conditions
- escape of the victim
- self-treatment / refusal
- third parties
- life support
- self injection
- natural disasters
what are the 4 types of intention for murder?
- direct intent to kill
- oblique intent to kill
- direct intent for GBH
- oblique intent for GBH