Murder Flashcards
1
Q
Murder intro
A
Murder is a common law offence. The definition of murder originates from lord coke
2
Q
Lord coke definition
A
“The unlawful killing of a reasonable creature in being, under the kings peace, with malice aforethought, express or implied”
3
Q
“Killed” can be from an omission
A
( R v Gibbons and Procter )
4
Q
Brain dead people are not RCIB
A
(R v Malcherek and steele)
5
Q
A foetus is not a RCIB
A
AG REF NO.3
6
Q
Kings peace
A
Were they acting in a military capacity
7
Q
The killing is lawful if
A
Its in self defence
8
Q
Express malice aforethought
A
Intent to kill
9
Q
Implied malice aforethought
A
Intent to commit GBH