murder Flashcards

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1
Q

Definition

A

unlawful killing of a human being under the kings peace with malice aforethought (Sir Edward Coke)

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2
Q

AR

A

1) unlawful - no self defence (Martin)
2) killing - brain dead counts (Malachek)
3) human being - fully expelled from thri mothers womb and breathing of their own lungs (Rance)
4) kings peace - not at war

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3
Q

causation

A

as normal

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4
Q

MR

A

express or implied malice aforethought (Vickers)
a) express - intention to kill
b) implied - intention to cause GBH

with DI or OI

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5
Q

sentence

A

life

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