Murder Flashcards
what is lord cokes definition of murder?
unlawful killing of a reasonable creature in being under the kings peace with malice aforethought, either express or implied
what is the modern definition of murder?
unlawful killing with malice aforethought
what is the actus reas of murder?
unlawful killing of a reasonable creature in being under the kings peace
what case defines it being “unlawful”?
R v Martin
what does R v Martin define “unlawful” as?
use of necessary force in self defence may mean the killing is lawful
what is the case that defines when life begins?
Attorney Generals Reference (No. 3 of 1994)
what does AG Re (3 of 94) say about start of life?
a foetus must be fully expelled from the mothers womb and capable of an existence that is independent of mother
what case defines when end of life happens?
R v Malcherek and Steel
what does Malcherek say about the end of life?
that the end of life is when all brain activity ceases
which case talks about when people have a poor quality of life?
Airedale NHS Trust v Bland
what is the legal principle of the bland case?
life sustaining treatment can be withdrawn from a patient in a persistent vegetative state (pvs) as long as the court has given permission AND it is in the PATIENTS BEST INTEREST
what is the bonus case for when someone with a poor quality of life requests to be killed?
Tony Nicklinson
what does “under the kings peace” mean?
when not at War
what is the case for “under the kings peace”?
DPP v Clegg
what does DPP v Clegg say about “under the kings peace”?
a country is only NOT under the kings peace when War has been DECLARED
what is the mens rea of murder?
malice aforethought either express or implied
what does express malice mean?
the defendant expressly intends to cause death
what does implied malice mean?
the defendant intends to cause GBH (but actually causes death) (s18)
what is the leading case for implied malice?
R v Vickers
what is the legal principle of R v Vickers?
lord goddard: intention to cause GBH is sufficient mens rea for murder if v dies
what is the case for direct intention?
R v Mohan
what is the case for oblique intention?
R v Woollins
what is the legal principle of R v Matthews and Alleyne?
that even if you pass the oblique intention test it doesn’t mean you definitely have it it’s just strong evidence that you do
what are the 4 types of intent?
-express direct
-express oblique
-implied direct
-implied oblique
what is the case for the single transaction theory?
R v Thabo Meli - mr before ar
what is the case for continuing act?
Fagan v MPC - ar before mr
what is the case for transferred malice?
R v Latimer
what is the case for transferred malice not being able to be passed?
R v Pembliton
