Murder Flashcards
What sentence does murder carry?
Murder is a common law offence and carries the mandatory life sentence
Murder can be one of what two things?
An act or an ommission
What case defines malice forethought as intention to kill or cause serious harm?
Vickers
What intention is necessary for murder?
direct or oblique
How is malice forethought defined?
Intention to kill or cause serious harm
What case defines under the kings peace?
Blackman
What does under the kings peace?
killing at war is generally not murder as long as the normal rules of engagement apply
what statute defines human being?
AG’s Ref No3 of 1994
How is human being defined?
an unborn child is not a human, it is only human once it has taken independent breath from its mother
What case tells us that a killing may be lawful is it is a doctor withdrawing treatment?
Malcharek
When might a killing be lawful?
if it is in self- defence or if a doctor withdraws treatment
How is unlawful killing defined?
The courts have adopted the medical definition of death (brain stem death)
How is murder defined?
the unlawful killing of a human being under the kings peace with malice aforethought
What does the Law Reform Act 1986 tell us?
There is no time limit on when the death actually occurs
