Murder Flashcards
What is the definition of murder
Murder is to r unlawful killing of a reasonable person in being and under the Kings Peace with malice aforethought, express or implied
What is the first step to a murder question, apart from the definition
Establishing whether D killed via an act or an omission
You mist cover causation if it’s an act, right?
Yes
What may not be a reasonable person in being
A foetus
Someone who’s brain dead
What is the case example for a foetus being a reasonable person
AG Ref No3 1994
What is the case example for someone who’s braindead being a reasonable person
Malcherek & Steel
What do you cover after talking about whether V was a reasonable person
Kings Peace
When can killing be lawful
Self defence
Defence of another
Prevention of a crime
What act shows self defence and defence of another are common law offences (can be used as a defence for any crime)
Criminal Law Act 1967
What is the case example for protection of another
Re A
What is the case for reasonable force
Beckford
What are the two cases for excessive force
Clegg
Martin (Anthony)
What does Malice Aforethought mean
The intention to kill or cause GBH
What case shows GBH means serious injury
Saunders
What type of intent is murder
Specific