murder Flashcards
What is murder?
Murder is a common law offence that falls into the category of ‘homicide’.
Who defined murder and what is it?
It is defined by Lord Coke who stated that murder is “when a man of sound memory and the age of discretion, unlawfully killeth within any county of the realm any a reasonable creature in being under the King’s/Queen’s peace with malice aforethought, express or implied”.
What does malice aforethought mean?
Malice aforethought means an intention to kill or an intention to cause serious harm.
How many elements make up the AR?
There are 5 elements of murder that make up the actus reus:
What is meant by sound memory?
Sound memory and the age of discretion’, means the defendant must be sane and aged above 10.
What is meant by unlawful killing?
‘Unlawful killeth’ means that the killing must be unlawful.
So, that murder is any killing unless the defendant acted under self-defence or defences’ of necessity.
What does the case of Re A (2000) show?
It shows conjoined twins authorised to be separated to save one, though, this is not unlawful killing as it comes under the eyes of defence of necessity.
Can the murder be an act or omission? Give an example, if so.
The murder can be an act or an omission but must be a cause of death e.g., Gibbons and Proctor for neglecting his child.
What is meant by within any country of realm?
‘Within any country of the realm’ means that If the defendant is a British citizen, they may be tried in the UK for murder committed in another country.
What is meant by a reasonable creature in being?
‘Any reasonable creature in being’ means the victim must be a human being and capable of living.
What does A-G’s Reference No.3 of 1994 rule?
A-G’s Reference No.3 of 1994 states that killing a foetus is not murder as it is not a human being.
Murder will only occur if it has an existence independent from its mother.
What does the case of R v Malcherek state?
R v Malcherek states that if the victim is considered to be braindead, they are not ‘capable of living’.
What does it mean by the King’s Peace?
‘Under the King’s/Queen’s peace’ means that killing will be classed as murder unless it is during war time.
Only authorised personnel such as soldiers are able to (under justified grounds and will not be convicted.
What must be established before the MR?
Alongside the actus reus, causation must be established.
What are the 2 types of causation that must be proven?
- Under factual causation, ‘but for’ the defendant causing something to happen, the victim would not have suffered any injuries/death (R v Pagett).
- Under legal causation, the defendant’s actions can be said to have been of ‘more than minimal cause’ (R v Kimsey) as it can be seen to be reasonably foreseeable that causing the victim harm would result in serious damage.
