Murder Flashcards
What types of offence is murder?
Common Law Offence
Who gave the definition for murder?
Lord Coke
What is the actus reus of murder?
The unlawful killing of a reasonable creature in being and under the Kings Peace.
An act or omission must cause the victims death
What 4 omissions can it be?
A Contractual Duty
A Duty Taken Voluntarily
A Duty Because Of A Relationship
D Set In Motion A Chain Of Events
Case for Contractual Duty?
R v Pittwood
Case for Duty Taken Voluntarily?
R v Stone and Dobinson
Case for Duty Because Of A Relationship?
R v Gibbins and Proctor
Case for D Set In Motion A Chain Of Events?
R v Miller
What is not a reasonable creature in being?
A Foetus
Someone who is Brain Dead
Case for a Foetus in murder?
A-G Reference
Case for someone brain dead in murder?
R v Malcherek
What does Kings Peace mean?
Not during war
Causation Test for murder?
D must cause victims death
Factual Causation (R v Pagett)
Legal Causation (R v Kimsey)
How can the Chain Of Causation be broken in murder?
By an act of a third party
Victims own act if their behaviour was unreasonable
Natural but unpredictable event
Medical intervention can only break the chain of causation if it was negligent
Case for victims own act if behaviour was unreasonable?
R v Williams and Davis
Case for Medical Intervention will only break chain of causation if it is negligent?
R v Jordan
Mens Rea of murder?
Intent to kill or commit grievous bodily harm
Also known as Malice Aforethought
What are the two types of Malice Aforethought?
Expressed Malice Aforethought
Implied Malice Aforethought
Definition of Expressed Malice Aforethought?
Intention to kill
Definition of Implied Malice Aforethought?
Intention to cause Grievous Bodily Harm
Case for mens rea of murder?
R v Vickers - intention can be direct or oblique
Mandatory Sentence for murder?
18 or over - life imprisonment
10 to 17 - order that they are detained at His Majesty’s Pleasure
Minimum Term for murder?
Whole Life Term - serious cases which person will never be released from prison
Thirty Years Minimum - murders of police or prison officers, firearms, sexual or racial
Fifteen Years Minimum - for murders not falling within the two higher categories
What Act shows the minimum terms for murder?
Criminal Justice Act 2003
Structure for murder
Definition from Lord Coke
Actus Rea
Omissions
Not a Reasonable Creature
Define Kings Peace
Causation
Chain of Causation been broken
Mens Rea
Mandatory Life Sentence
Minimum Term
