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CRIMINAL LAW > Murder > Flashcards

Murder Flashcards

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1
Q

Murder is a _____ crime

A

result

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2
Q

Who was the definition of murder was given by and when?

A

Judge Coke in the 17th century

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3
Q

What is the definition of murder by Judge Coke?

A

The unlawful killing with malice aforethought, express or implied

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4
Q

What are the two ways a D can commit an unlawful killing?

A
  • voluntary act
  • omission
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5
Q

What is an omission?

A

Failure to act when the person has a legal duty to do so

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6
Q

Name the key case for omission

A

R v Gibbons & Proctor

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7
Q

Name the key case when a D must not be acting in self defence

A

R v Beckford

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8
Q

What is the sentencing for murder?

A

Mandatory life sentence

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9
Q

What is the AR of murder?

A

The unlawful killing of a reasonable person in being under the King’s peace

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10
Q

Name the key case that establishes a V must have independent existence and circulation from their mother

A

A G.R No.3 of 1994

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11
Q

Name the key case that establishes V will be considered ‘dead’ if they have suffered irreversible brain stem injury

A

R v Malackerk and Steel

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12
Q

What is factual causation based on?

A

The ‘but for’ test

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13
Q

What is the key case for factual causation?

A

R v White - D was not the factual cause

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14
Q

What does legal causation mean?

A

D’s act must be more than a minimal cause to the end result

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15
Q

Name the key case for when D’s act must be more than the minimal cause

A

R v Cato

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16
Q

Name the key case for when there must be more than a slight or trifling link between D’s action and the death

A

R v Kimsey

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17
Q

What is the thin skull rule in murder?

A

Where the D can’t rely on a deficiency in the V to escape liability. D ‘must take the V as he finds him’

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18
Q

Name the key case where the thin skull rule is shown

A

R v Blaue

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19
Q

What is the MR for murder?

A

Malice aforethought, express or implied

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20
Q

What does express malice aforethought mean?

A

Intention to kill

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21
Q

What does implied malice aforethought mean?

A

Intention to cause GBH

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22
Q

Name the key case for implied (GBH) malice aforethought

A

R v Vickers

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23
Q

Intention can either be ____ or _____

A

direct or oblique

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24
Q

What is direct intention?

A

Where D desires the resulting death, or the purpose of his acts are to kill

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25
Q

Name the key case for direct intention

A

R v Mohan

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26
Q

Further explain the case of R v Mohan

A

D did ‘everything in his power to bring about the prohibited consequence’ when he accelerated fast towards the victim

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27
Q

What is oblique intention?

A

Where D may not see the outcome, but in acting the way he did, the outcome is virtually certain and D appreciates this

28
Q

Name the key case for oblique intention

A

R v Woolin

29
Q

Further explain the case of R v Woolin

A

Where serious harm to the baby was a virtual certainty of D’s action

30
Q

What is stated under the rule of transferred malice?

A

the MR can be transferred from the intended V to the actual V, providing that the MR and AR coincide and it is a similar offence

31
Q

Name the key case for transferred malice

A

Latimer

32
Q

State the facts and outcome of Latimer

A

D hit a lady with a belt instead of the intended V.
Latimer was guilty of an assault against the woman even though he had not intended to hit her

33
Q

What makes a killing unlawful?

A

If V’s death occurs outside of war and so was under the King’s peace

34
Q

Expand on the main facts of A G.R No3 of 1994

A

D stabbed pregnant V. The baby died 4 months later due to the premature birth. D could not be convicted for murder/manslaughter since at the time of the attack the feotus wasn’t considered a reasonable person in being

35
Q

Expand on the main facts of Malackerk and Steel

A

Switching off a life support machine does not break the chain of causation so the original attacker was still liable for murder

36
Q

Here D committed a voluntary act when they killed V. This is because..

A

D physically .. (action they did to kill) (use scenario)

37
Q

V’s death is unlawful. This is because…

A

It wasn’t a lawful execution, V death occurred outside of war and so was under the King’s peace. D was also not acting in self defence when they killed V, this is because although they (state any feuds, issues between D and V), V had not attacked them.

38
Q

V was a reasonable person in being. This is because V..

A

suffered irreversible death of the brain stem and had independent existence and circulation of their mother

39
Q

Name the 5 different legal duties for an omission

A
  • special relationship
  • contractual duty
  • limit harm D causes that set in motion a dangerous chain of events
  • official position (police officer)
  • voluntarily assumed responsibility
40
Q

Name the omission case for special relationship

A

Gibbons & Proctor

41
Q

Name the omission case for contractual duty

A

R v Pittwood

42
Q

Name the omission case for limiting harm

A

R v Miller

43
Q

Name the omission case for official position

A

R v Dytham

44
Q

Name the omission case for voluntarily assumed responsibility

A

Stone & Dobinson

45
Q

Name the case for physical weakness in causation (thin skull rule)

A

R v Hayward

46
Q

What were the main facts of Hayward

A

D was still liable for wife’s death even though he did not know she suffered from a thyroid condition when he shouted at her

47
Q

Name the case for self-neglect of V

A

R v Dear

48
Q

What were the main facts of R v Dear

A

D was still liable as the injuries on the deceased were still a significant and operative cause of death

49
Q

What were the main facts of R v Blaue

A

V refused blood transfusion on religious grounds due to being a Jehovah’s witness

50
Q

When to use Blaue?

A

Where V receives medical attention but refuses specific treatments due to personal, religious, or ethical beliefs.

51
Q

Name the case for switching off life support machine

A

Malackerk & Steel

52
Q

What was stated in Malackerk & Steel?

A

A properly informed medical decision to terminate treatment in such circumstances would not break the chain

53
Q

It must be proven that D is the ..

A

factual and legal cause of V’s death

54
Q

What does the ‘but for’ test require?

A

requires the prosecution to prove that ‘but for’ D’s act, the death would not have occurred

55
Q

Name the key case for the but for test

A

R v Padgett

56
Q

What was the but for statement for R v Padgett

A

‘but for’ him using his girlfriend as a human shield, she would not have died.

57
Q

Give the legal causation main facts of R v Kimsey

A

D made more than a slight or trifling link to the end result

58
Q

Name the key case for break in the chain of causation

A

R v Chesire

59
Q

When may D not be the legal cause of V’s death?

A

Where there may be a novus actus intervenient which could break the chain of causation

60
Q

Following Matthew’s and Alleyne, foresight of consequences..

A

is evidence of intention, which the jury can rely on to find (D’s name) guilty of murder

61
Q

Medical negligence may break the chain, but only if the act is ______

A

independent of the D’s acts and in itself ‘so potent in causing death that the D’s acts are insignificant’

62
Q

Name the key case for medical negligence

A

R v Jordan

63
Q

What were the main facts of Jordan?

A

V died from an allergic reaction to an antibiotic

64
Q

Name the key case for V’s own actions

A

Roberts 1971

65
Q

Main facts of Roberts 1971?

A

Chain was not broken when V jumped out the car to avoid sexual advances

CRIMINAL LAW (4 decks)

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