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Law > Murder > Flashcards

Murder Flashcards

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1
Q

What types of offence is murder?

A

Common Law Offence

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2
Q

Who gave the definition for murder?

A

Lord Coke

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3
Q

What is the actus reus of murder?

A

The unlawful killing of a reasonable creature in being and under the Kings Peace.

An act or omission must cause the victims death

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4
Q

What 4 omissions can it be?

A

A Contractual Duty
A Duty Taken Voluntarily
A Duty Because Of A Relationship
D Set In Motion A Chain Of Events

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5
Q

Case for Contractual Duty?

A

R v Pittwood

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6
Q

Case for Duty Taken Voluntarily?

A

R v Stone and Dobinson

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7
Q

Case for Duty Because Of A Relationship?

A

R v Gibbins and Proctor

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8
Q

Case for D Set In Motion A Chain Of Events?

A

R v Miller

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9
Q

What is not a reasonable creature in being?

A

A Foetus
Someone who is Brain Dead

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10
Q

Case for a Foetus in murder?

A

A-G Reference

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11
Q

Case for someone brain dead in murder?

A

R v Malcherek

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12
Q

What does Kings Peace mean?

A

Not during war

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13
Q

Causation Test for murder?

A

D must cause victims death
Factual Causation (R v Pagett)
Legal Causation (R v Kimsey)

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14
Q

How can the Chain Of Causation be broken in murder?

A

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

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15
Q

Case for victims own act if behaviour was unreasonable?

A

R v Williams and Davis

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16
Q

Case for Medical Intervention will only break chain of causation if it is negligent?

A

R v Jordan

17
Q

Mens Rea of murder?

A

Intent to kill or commit grievous bodily harm
Also known as Malice Aforethought

18
Q

What are the two types of Malice Aforethought?

A

Expressed Malice Aforethought
Implied Malice Aforethought

19
Q

Definition of Expressed Malice Aforethought?

A

Intention to kill

20
Q

Definition of Implied Malice Aforethought?

A

Intention to cause Grievous Bodily Harm

21
Q

Case for mens rea of murder?

A

R v Vickers - intention can be direct or oblique

22
Q

Mandatory Sentence for murder?

A

18 or over - life imprisonment

10 to 17 - order that they are detained at His Majesty’s Pleasure

23
Q

Minimum Term for murder?

A

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

24
Q

What Act shows the minimum terms for murder?

A

Criminal Justice Act 2003

25
Q

Structure for murder

A

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

Law (16 decks)

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