Murder Flashcards
What is the definition of murder according to Lord Coke?
The unlawful killing of a reasonable creature in being under the King’s peace with malice aforethought express or implied
This definition is rooted in common law.
What must a judge impose upon conviction for murder?
Mandatory life sentence
The judge retains discretion in determining the minimum amount of time that must be served.
What are the components of actus reus in murder?
- Unlawful killing
- Reasonable creature in being
- Under the King’s peace
What does ‘unlawful killing’ require from the defendant?
Must have factually and legally caused the death of the victim
Can be committed by omission if there is a duty to act, as illustrated in Gibbons and Proctor.
What is the significance of causation in murder?
Murder is a result crime - must be proved that D caused death of V
This involves both factual and legal causation.
In R v Dyson, what was determined about the victim’s condition?
It did not matter that the child was already suffering from a terminal illness.
What defines a ‘reasonable creature in being’?
Must be a living human being.
What is the legal stance on a foetus as a reasonable creature in being?
The child has to have an existence independent of its mother.
In AG’s Ref No3, what was the likely charge for an attacker in certain circumstances?
Manslaughter as opposed to murder.
What defines a child as being born alive according to Rance v Mid-Downs Health Authority?
A child is born alive if after birth it lives by breathing through its own lungs alone.
What is the legal view on a braindead person being a reasonable creature in being?
Strongly suggested that a braindead person would not be considered a reasonable creature in being.
What does Malcherek state about the chain of causation?
Chain of causation was not broken as it was not so independent of D’s conduct.
When does killing an enemy during wartime not amount to murder?
Under the King’s peace.
What is the mens rea for murder?
Malice aforethought express or implied.
What is express malice aforethought?
Intention to kill.
What is implied malice aforethought?
Intention to do GBH.
What is sufficient to satisfy a murder conviction?
Only one of express or implied malice aforethought needs to be proved.
What did Vickers confirm regarding intention to do GBH?
Intention to do GBH is sufficient to satisfy a murder conviction.
What did Cunningham confirm about the decision in Vickers?
Confirmed that the decision in Vickers was correct.
What type of intent is murder classified as?
Specific intent offence.
What is the lowest level of mens rea for murder?
Indirect intent to do GBH.
