Murder Flashcards
What is the definition of murder?
‘Where a person of sound memory and of the age of discretion unlawfully kills any reasonable creature in being, under the King’s peace, with malice aforethought’
What is the Actus Reus for murder?
-‘But for’ test
-unlawful
-reasonable creature in being
-sound memory
-under kings peace?
-age of discretion
What is meant by sound memory?
Must not be insane or under the influence of alcohol or drugs
What is meant by the age of discretion?
Over the age of 10
What is classed as an unlawful killing?
Not an execution or self defence
What makes a human being living?
They must be born and not a foetus
Is a conviction possible if a foetus is injured and dies after it is born due to the complications caused by the injury?
Yes (Refer to The Attorney-Generals Reference (No3,1994)1996
Is it classed as murder if the person is dead at the time of attack? (what is it instead)
No would be attempted murder
What case relates to causation with murder?
R v Malcherek and Steel says that a doctor is not a murderer as wouldn’t have needed life support without harm
What is meant by The Kings Peace?
Not murder if kill enemy during war time
What is the Men’s Rea for murder?
Malice aforethought
What is meant by Malice aforethought?
The intention to kill or cause GBH
What case relates to Malice aforethought?
R v Vickers - victim died of multiple injuries, even though intended GBH still murder as died of injuries
What are the two forms of intent?
Direct and indirect
What is direct intent?
If it is the defendants aim or purpose
What case confirms you can have direct intent for murder?
R v Mohan
What is indirect intent?
Don’t desire it too happen but is foreseeable
What case relates to indirect intent murder?
R v Moloney Drunk game lead to death - foresight is merely evidence from which intention can be found
What test is used when direct intent is not present?
The Nedrick test
What does the Nedrick test say?
The defendant should have foreseen death or serious injury as a virtual certain consequence of his or her actions
What two cases confirm the Nedrick test?
R v Woolin
R v Mathews and Alleyne (evidential test)
If a doctor has the intention to cause death and their actions do is it murder?
Yes
If the action of a doctor is good in itself but causes death is it murder?
No
