Murder Flashcards

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1
Q

What type of offence is murder

A

Homicide offence

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2
Q

who defined murder

A

Lord coke

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3
Q

What sentence is given for murder

A

Mandatory life sentence, no discretion

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4
Q

What are the 3 elements of the AR of murder

A
  • unlawful killing
  • reasoanble creature in being
  • under the kings peace
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5
Q

When can murder be committed by an omission, use a case

A

When under a duty to act (Gibbins and proctor)

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6
Q

What needs to be proved for the unlawful killing part

A

Causation:
Factual- but for
Legal- operating and substantial cause, no Novus actus interveniens

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7
Q

What 2 cases are used for the unlawful killing element

A

R v Dyson- accelerated sons death
Malcherek and steel- the switching off of the life support machine didn’t break the chain as was already regarded as dead

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8
Q

What are the 2 things not considered reasonable creature in being

A

Foetus
If Brain dead

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9
Q

What does the case of range v middowns say

A

A child is born alive if they are breathing/living through their own lungs without the support of their mother

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10
Q

What case was an example of when a foetus isn’t a reasoable creature in being

A

Attorney general reference- The stab caused a premature birth, but as the baby wasn’t considered a human at the time of the stab, he was only charged with manslaughter

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11
Q

What case is used as an example of a brain dead person not being a RCIB, and what is said

A

Malcherek and steel- being dead means having a brain dead stem, in this case, having the life support withdrawn didn’t causes the death

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12
Q

Explain the requirement of being under the kings peace

A

The Killing of an enemy in war doesn’t amount to murder

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13
Q

Whats the MR of murder

A

Malice aforethought expressed or implied

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14
Q

What is expressed and implied malice

A

Expressed- intent to kill
Implied- intent to cause GBH

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15
Q

Whats the lowest level of MR for murder

A

Indirect intent to do GBH

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16
Q

What does the case of Vickers say

A

Intent to do GBH satisfies the MR of murder

17
Q

what case confirms what was said in vickers

A

Cunningham

18
Q

What case speaks about indirect intention and what is said

A

Woollin- a result foreseen as virtually= an intended result

19
Q

Can murder be reckless

A

No