Murder Flashcards
1
Q
Type of offence
A
Common law
2
Q
Maximum sentence
A
Non-discretionary (life sentence)
3
Q
Definition
A
Lord Coke “unlawful killing of a reasonable creature in being during the King’s peace, with malice aforethought either expressed or implied”
4
Q
AR (reasonable creature)
(2 cases)
A
Required to be a human being.
(Attorney Ref Gen 3) - foetus becomes human when it has expelled from mother.
(R v Malcherek) - brain stem dead = victim is already dead
5
Q
AR (causation)
A
Normal rules of causation apply.
6
Q
MR
A
Direct expressed or implied intention to kill or cause GBH (R v Cunningham)
Can be liable if outcome is virtually certain (R v Nedrick)
