Murder Flashcards
Who defined murder?
Lord Justice Coke
When did Lord Justice Coke define murder?
1797
Murder
‘the unlawful killing of a reasonable creature in being under the King’s peace with malice aforethought, express or implied’
Killing can be carried out via what?
- voluntary act
- omission where there was a duty to act
What tests must be satisified for the killing?
Factual and legal causation tests
What defences are available for murder?
- self-defence
- intoxication
- insanity
- automatism
Rance 1991
A foetus becomes a human being when it has been ‘born alive and breathing through its own lungs’
A foetus becomes a human being when it has been ‘born alive and breathing through its own lungs’
Rance 1991
AG Ref No 3 of 1994 (1997)
It is murder when the foetus is damaged in the womb by D so that it is born alive but dies later
It is murder when the foetus is damaged in the womb by D so that it is born alive but dies later
AG Ref No 3 of 1994 (1997)
Within the King’s peace
It is murder if D:
- kills a POW
- kills anyone whilst not in a wartime situation
- kills anyone not under the command of the state
What must there be coincidence of?
MR and AR
What can be transferred?
Malice
Does transferred malice apply?
yes
express malice aforethought
Intention to kill
implied malice aforethought
Intention to commit GBH
Vickers 1957
Defined express and implied malice aforethought
Matthews and Alleyne 2003
If death or GBH was a virtual certainty and D foresaw this as a likely consequence, this is evidence of intention
If death or GBH was a virtual certainty and D foresaw this as a likely consequence, this is evidence of intention
Matthews and Alleyne 2003
Case defining express and implied malice aforethought
Vickers 1957
Is V a human being if he is in a vegetative state and is only being kept alive by medical equipment?
No
When is V not a human being?
- When in a vegetative state and only being kept alive by medical equipment
- not ‘born alive and breathing through its own lungs’
