Murder Flashcards
Give the definition of murder
The unlawful killing of a reasonable creature in being under the kings peace with malice aforethought (express or implied)
Give the actus reus for murder
The unlawful killing of a reasonable creature
What must the unlawful killing be ?
A positive act or omission
Which case is for a parent/ child duty?
Gibbins and proctor
Which case is for a duty of voluntarily assumed responsibility?
R v stone and dobinson
Which case is for contractual duty?
R v Pittwood
Which case is for a public duty?
R v Dytham
Which case is for a duty which arises through a chain of events started?
R v Miller
Which case is for a statutory duty?
S.170 of the road traffic act 1988
What is the definition of a human being ? And which case defines this
Human life= independent existence outside of the womb
(AG’s Ref No.3 1994)
Which case shows where killing is not murder as it is deemed lawful?
R v Malcharek
Which case is defined under the King’s peace?
R v Page
What is the mens rea for murder ?
Malice aforethought express or implied
What is the difference between express malice and implied? Include cases for each
Express malice= D intents to kill V
(R v Mohan) either directly or obliquely(Woolin)
Implied malice= D intents to cause GBH
(DPP v Smith)
