murder Flashcards
what type of offence is murder and how was it defined?
-common law offence
-not defined by any act of parliament, it has been defined by the decisions of judges in different cases
who defined murder?
Sir Edward Coke
definition of murder
‘murder is the unlawful killing of a reasonable creature in being under the king’s peace with malice aforethought’
actus reus of murder
-D must have killed
-V must be reasonable creature in being
-Must be under the King’s peace
-the killing must have been unlawful
mens rea of murder
malice aforethought (intention to kill or cause serious harm)
can murder be commited by an omission?
yes
example of a murder committed by an omission
Gibbins v Proctor
how is causation established
step 1- factual causation
step 2- legal causation
step 3- chain of causation
what is a reasonable creature in being?
a human being
what case decided whether a foetus is a reasonable creature in being?
AG’s reference
AG’s reference
a foetus becomes a human being when it’s born and exists independently to the mother
brain dead (reasonable creature in being?)
-doctors can switch off life support and will not be liable for murder
-it must be established that it is in the patient’s best interest
-established in Bland
-brain dead = not a reasonable creature in being
what is under the king’s peace?
means that the killing of an enemy in the course of war is not murder
types of justification for murder (AR unlawful)
-self defence
-necessity
Re A (conjoined twins) facts and principle
-doctors wanted to separate the twins, the parents did not
-if kept together, both would die
-if separated, one would die
-court said the separation would be lawful on the grounds on necessity (also in their best interests)
