murder Flashcards
who created the current definition of murder
edward coke
when was the current definition of murder created
17th century
what is the definition of murder
the unlawful killing of a reasonable creature in being and under the kings peace with malice aforethought, express or implied
what are the 5 actus reus of murder
unlawful
killing
of a reasonable creature in being
under the kings peace
within any country of the realm
what are examples of lawful killings
execution
soldier/police in the corse of duty
medical profession
self defence
give a case example of lawful killing as a police/soldier
clegg
give a case of lawful killing by a medical professional
Re A
PVS airdale nhs trust v bland
what does killing mean
and act/ommision
rules of causation apply
death as the consequence
what is a reasonable creature in being
not a foetus
not someone brain dead
give a case about a foetus and creatures in being
A-G ref (no 3 of 1994)
give a case about brain dead and reasonable creature in being
malcherek
what’s meant by the king’s peace
excludes the killing of an enemy soldier in time of war
not prisoners of war
what’s meant by any country of the realm
murder and manslaughter and triable in england even if commuted abroad
what’s the mens rea of murder
malice aforethought
what’s the two types of malice
express malice
implied malice
what’s express malice
intent to kill
what’s implied malice
intent to cause GBH
what’s the two parts of both malice
direct intent
oblique intent
give a case of implied malice with direct intent
vickers
give a case of implied malice with oblique intent
woollin
give a case of express malice with direct intent
shipman
give a case of express malice with oblique intent
nedrick
