murder Flashcards
What is the definition of murder?
An unlawful killing of a reasonable creature in being under the kings peace with malice aforethought express or implied
What is an unlawful killing?
A killing will be unlawful when it is not done in self defence or defence of another
Beckford V R
What is a reasonable creature in being?
All human beings will be classed as a reasonable creature in being except for foetus and brain stem dead people
R V Malcherek v steel
What is meant by kings peace?
If a country is not at war it will be peaceful. If a country is not at war a member of the armed forces may lawfully kill the enemy
R V Blackman
What is factual causation?
Factual causation asks but for the defendants actions would the death or injury have occurred when it did or as it did
R V Padgett
What is legal causation?
Legal causation will be assessed through the de minimis principle and states and the D must make a minimal or trivial contribution to the death or injury of the victim
R V Kimsey
What are relevant intervening acts?
Act of God
Act of victim
Act of third party
What is the thin skull rule?
Any pre-existing conditions will be disregarded and the d will take the victim as they found them
R V Blaue
What is malice aforethought express intention?
The D intended for the victim to die
What is malice aforethought implied intention?
D intended to cause serious harm but they actually caused V to die
What is direct intention?
D’s aim, desire and purpose
What is indirect intention?
It is virtually certain for the acts refs to arise
