Murder Flashcards
What statue defined murder?
It is a common law offence
NO STATUTE
Who defined murder and what did they define murder as?
Lord Coke : “The unlawful killing of a human under the kings peace within any country of the realm with malice aforethought express or implied” (defined in 17th century)
What is the AR for murder?
Unlawful killing, human being, kings’ peace, any country of the realm
When will a killing be seen as lawful?
Necessity (Re A)
Self Defence (Martin)
How else can an unlawful killing be committed?
By omission (Gibbins and Proctor)
What classes as a human being?
Having an independent existence outside the womb (Attorney General’s Reference (No 3 of 1994))
What did the case of Malcherek and Steel conclude?
A doctor can switch off a life-support machine without being liable for muder
What is the test for causation in fact?
‘but for’ test
Would the victim have lived but for the act of the accused
What is the MR for murder known as?
Malice aforethought
What breaks the chain of causation?
Novus actus intervenians
What happened in the case of White?
Acquitted of murder as ‘but for’ his actions, V would have died anyways
What must be proven for causation in law?
Who is morally responsible?
Was the D more than a minimal cause?
Did he accelerate the death?
What happened in the case of Pagett?
D was convicted as he was morally responsible, more than a minimal cause and accelerated the death of his girlfriend
How can the chain of causation be removed?
Act of the victim
Act of third party
A natural but unpredictable event
What are the 2 types of malice aforethought?
express (intention to kill) or implied (intention to cause GBH)
