Murder Flashcards
criminal law paper 1
What are the four key elements of the actus reus of murder?
The actus reus of murder includes:
Unlawful killing.
Of a human being.
Under the King’s (or Queen’s) Peace.
Causation (both factual and legal).
What constituted a lawful killing in the cases of Malcharek and Steele?
Turning off a life support machine was considered a lawful killing because the victims were already legally brain-dead, and their deaths were not caused by the doctors.
What is meant by ‘under the King’s Peace’?
This means the killing must occur in a context where the victim is not an enemy in wartime; the law applies to those within the jurisdiction of the state.
Explain the ‘but for’ test in the context of murder.
The ‘but for’ test asks whether the death would have occurred but for the defendant’s actions. If the death would not have happened without the defendant’s conduct, factual causation is established.
In R v Smith, why was D the legal cause of the death?
D was the legal cause of the death because the original stabbing was still an operating and substantial cause, despite subsequent poor medical treatment by army medics.
What is the test for legal causation?
The test for legal causation is whether the defendant’s actions were a substantial and operative cause of the death and more than a minimal contribution.
What is meant by express malice?
Express malice refers to the defendant’s clear intention to kill the victim.
What is meant by implied malice?
Implied malice refers to the intention to cause grievous bodily harm (GBH), which is sufficient to establish the mens rea for murder.
