Murder Flashcards
What is murder defined as?
Murder is defined by Lord Coke as ‘the unlawful killing of a reasonable creature in being under the King’s or Queen’s Peace with malice aforethought.’
What is the actus reus of murder?
The actus reus of murder is the unlawful killing of a reasonable creature in being, under the King or Queen’s Peace.
What does ‘unlawful’ mean in the context of murder?
‘Unlawful’ means that the killing must not be justified, for example in self-defence.
What does ‘under the King or Queen’s Peace’ imply?
‘Under the King or Queen’s Peace’ means that killing in the course of war is not murder.
What is meant by ‘a reasonable creature in being’?
‘A reasonable creature in being’ means the death of a human being, specifically brain stem death.
Is killing a foetus considered murder?
Killing a foetus is not murder as it does not have an existence independent of the mother.
Can the actus reus of murder be an omission?
Yes, the actus reus can be an omission, which is a failure to act when there was a duty to act.
What are examples of duties that can lead to an omission?
Examples include a duty to care for someone (Stone and Dobinson, Gibbons and Proctor), a duty to deal with a dangerous situation (Miller), and a contractual duty (Pittwood).
What must the act or omission be in relation to the death?
The act or omission must be the factual and legal cause of the death.
What is the factual cause of death?
D was the factual cause of V’s death as but for [D hitting V], V would not have died.
What is the legal cause of injury?
D hitting V was probably the legal cause of the injury as it was the operating and substantial cause.
What can break the chain of causation?
A novus actus interveniens (intervening act) can break the chain of causation if it was not reasonably foreseeable.
What are the implications of the victim’s own act?
In cases like Corbett, Roberts, and Kennedy, if the victim’s act was unforeseeable, it will break the chain; if foreseeable, it will not.
What are the implications of a third party act?
In Pagett, if the third party’s actions were unforeseeable, it will break the chain; if foreseeable, it will not.
How does medical negligence affect causation?
Medical negligence is usually an intervening act that does not break the chain, unless it is considered very serious (‘palpably wrong’).
What determines if a surgeon’s actions break the chain?
If the surgeon’s actions were an intervening act and were palpably wrong, it will break the chain; if not, it will not.
