murder Flashcards
what is the legal definition of murder
‘the unlawful killing of a human being under the King’s peace, with malice aforethought’
element 1
actus reus of murder
what is the actus reus of murder
‘the unlawful killing of a human being under the Kings peace’
what does it mean by unlawful killing
killing could be through defendants act or omissions
what does it mean by human being
A person who is born, and not dead. Independent of his mother.
what is accepted as the signalling the end of life + case
brain stem death
Malcharek
what does it mean by King’s peace
during ‘peace time’ and not ‘war time’
element 2
the defendants act or omission must cause the victims death (factual and legal causation)
element 3
the mens rea of murder
what is the mens rea of murder and who defined it
defined by Lord Coke as ‘malice aforethought, express or implied’
what was confirmed in Moloney
‘malice aforethought’ mean intention to kill or intention to cause GBH
what is intention to kill
express malice
what is intention to cause GBH
implied malice
what must the defendant have to prove the mens rea
- indirect intention OR
- direct intention
