Murder Flashcards
What is the definition according to Lord Coke?
The unlawful killing of a reasonable person in being and under the King’s peace with malice aforethought, express or implied.
What is the actus reus?
It has to be proved that:
- D killed
- A reasonable creature in being.
- Under the King’s peace and
- The killing was unlawful.
What is meant by a “killing”?
An act or omission that must cause V’s death.
What sort of crime is murder in relation to causation?
A result crime.
When is there causation?
Where other causes contribute to the death.
What is meant by a “reasonable creature being”
A human being.
What are the two problem areas with regards to a “reasonable creature in being”?
- A foetus in the womb and
- If V is considered alive if they’re brain-dead, being kept alive by a life-support machine.
What is the law on if a foetus in the womb is a “reasonable creature in being”?
A homocide offence cannot be charged as it must be expelled from the mother’s body and have an ‘existence independent of the mother’.
What is the law on if V is considered alive if they’re brain-dead, being kept alive by a life-support machine?
- Doctors are allowed to switch it off without being liable for homocide.
- Suggests ‘brain-dead’ is the recognised test for death, however there is no case.
- D who switches it off with the intention of killing V could be guilty.
What is meant by the “King’s peace”?
The killing of an enemy in the course of war is not murder.
What is meant by “unlawful”?
A killing that is not in self-defence or in the prevention of a crime where D used reasonable force in the circumstances.
What is the mens rea?
D must either:
- Express malice aforethought, which is the intention to kill, OR
- Implied malice aforethought, which is the intention to cause GBH.
What does the law state with regards to an intention to injure a foetus?
It was held that it was not possible for D to have the mens rea to kill or seriously harm a foetus as it does not have a separate existence from its mother.
What is oblique intent?
Where D’s aim was something quite different, but in achieving the aim a death was caused.
What is foresight of consequences?
Where D foresees that he would also cause death or serious injury.
