Murder Flashcards

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1
Q

who defined murder and what is it’s definition?

A

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’

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2
Q

what are the 5 areas of murder?

A
  1. unlawful killing
  2. human being
  3. queens peace
  4. causation
  5. mens rea
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3
Q

what does ‘unlawful act’ mean?

A

the killing can be an act or an omission

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4
Q

what case example can be used for ‘unlawful killing’?

A

Gibbins & Proctor - Ds let their 7 year old daughter starve to death. Guilty.

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5
Q

what does ‘human being’ mean?

A

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.

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6
Q

what does ‘under the queens peace’ mean?

A

the country is not at war

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7
Q

what case example can be used for ‘under the queens peace’?

A

Adebolajo - D wanted someone to experience war suffering like in his country. He decapitated an off duty British Soldier in London City Centre.

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8
Q

what is factual causation?

A

‘but for’ the defendant’s actions, would the victim have survived?

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9
Q

what is legal causation?

A

the defendant must be a ‘more than minimal cause’ of death / morally responsible for the crime

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10
Q

what are the 7 intervening acts?

A
  1. eggshell conditions
  2. escape of the victim
  3. self-treatment / refusal
  4. third parties
  5. life support
  6. self injection
  7. natural disasters
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11
Q

what are the 4 types of intention for murder?

A
  1. direct intent to kill
  2. oblique intent to kill
  3. direct intent for GBH
  4. oblique intent for GBH
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