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Criminal Law > Murder > Flashcards

Murder Flashcards

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1
Q

Murder Definition

A

The unlawful killing of a reasonable person in being under the King’s peace with malice aforethought. (Lord Coke)

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2
Q

Case

Unlawful killing

A

Re A (2001)

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3
Q

Case

Reasonable Person in Being

A

Malcherek/Ag Ref no 3 of 1994

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4
Q

Under the King’s peace meaning

A

Killing did not occur under wartime

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5
Q

Unlawful killing meaning

A

Murder was not justified by law.

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6
Q

Reasonable person in being meaning

A

Someone who is considered alive and independent.

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7
Q

Are foetuses reasonable people in being? Cite a case to justify.

A

No (Ag Ref no 3 of 1994)

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8
Q

AR of murder

A

Unlawful killing of a reasonable person in being under the King’s peace.

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9
Q

MR of murder

A

Express or implied malice aforethought.

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10
Q

Oblique intent

A

D had intent for GBH but not for murder; Used to prove implied malice aforethought

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11
Q

Oblique intent case

A

R v Woolin

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12
Q

Express malice aforethought case

A

R v Vickers

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13
Q

How to bring up MR in the exam

A

The mens rea for murder is malice aforethought, in the form of either express intention to kill or implied intention to cause GBH (Vickers).

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14
Q

Re A (2001)

A

Case

Unlawful killing

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15
Q

Ag Ref no 3 of 1994

A

Are foetuses reasonable people in being? Cite a case to justify.

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16
Q

R v Woolin

A

Oblique intent case

17
Q

R v Vickers

A

Express malice aforethought case

Criminal Law (15 decks)

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