Murder Flashcards
What is the definition of murder in criminal law?
The unlawful killing of a reasonable person in being, under the King’s peace, with malice aforethought, expressed or implied, so the party wounded dies within a year and a day after the act.
What is the sentence for murder?
Mandatory life sentence.
What does ‘malice aforethought’ mean?
The intention to kill (express malice) or cause grievous bodily harm (implied malice).
What is express malice?
The specific intention to kill.
What is implied malice?
The intention to cause grievous bodily harm.
What is transferred malice?
When a defendant intends to commit a crime against one person but unintentionally causes harm to another (Latimer, 1886).
What is the actus reus (AR) of murder?
The actus reus includes unlawful killing, killing by act or omission, killing of a human being, and the act being under the King’s peace.
What does AR1 (unlawful killing) entail?
The killing must be unlawful, meaning the defendant has no valid defense.
What does AR2 (killing by act or omission) mean?
The killing can result from a positive act or omission but must cause the victim’s death (R v Gibbins and Proctor).
What does AR3 (human being) specify about murder?
A fetus is only considered ‘in being’ once expelled from the mother’s body and has independent existence (Attorney General’s Reference No. 3 of 1994).
What does AR4 (King’s peace) refer to?
Killing an enemy in the course of war is not considered murder.
What case established that intent to cause GBH is sufficient for murder?
Vickers (1957) decided that intention to cause GBH suffices for murder.
How is GBH defined in murder cases?
GBH means ‘serious harm,’ as established in Smith (1961).
How long must the victim survive for the act not to qualify as murder?
The victim must die within a year and a day of the act causing injury.
Can a defendant be convicted of murder without intending to kill?
Yes, if they intended to cause grievous bodily harm (GBH).
What is the limitation of transferred malice
Does not operate where the crime which occurred is different from the intended offence
