Murder ✅ Flashcards
What sort of offence is murder ?
A common law offence
What is the definition of murder?
The unlawful killing of a reasonable person in being under the kings peace with malice, forethought, express or implied
Who defined murder?
Lord coke in 1797
Where is the jurisdiction for murder?
Anywhere in England or Wales
Anywhere by a British citizen
What forms the AR of murder?
A person has to be killed - an act or omission
Has to be a reasonable creature in being (not a foetus or brain dead)
Under the kings peace
Killing has to be unlawful
What are the lawful excuses to kill?
Self-defence
Defence of another
In prevention of a crime
(However force has to be reasonable)
What is the case for use of reasonable force?
R v Beckford - attended a disturbance and thought V had a gun so shot him - a genuine belief self defence was needed
What is the case for excessive force?
Ru Martin - shoots 2 intruders as they leave - guilty as that amount of force was unnecessary
What is meant by a reasonable person in being?
Any person with the exception of a foetus and someone who is braindead
What is meant by being under the kings peace?
Not during war
What is meant by express malice?
Intention to kill
What is meant by implied malice?
Intention to cause GBH
What is the case for express malice?
R v Vickers - hits elderly lady several times - dies
What is the case for implied malice?
R v Cunningham - hits someone over head with pub stool
