Murder Flashcards
Define murder
the unlawful killing of a human being under the king’s peace with malice aforethought
AR
unlawful killing, reasonable creature in being, under king’s peace
what case states that an unlawful killing can be an act or omission
Gibbins & Proctor
what case states that turning off life support machine doesn’t make doctors liable for murder
Malcherek
what case states that a dr operating to save one patient + kills another is a lawful killing
Re A
what case states that withdrawal of life support is a lawful killing
Bland
what case states that a foetus is not a human being unless injured in the womb, born alive and then dies from the injuries
AG’s Ref No.3 1994
what case states that a person ‘brain dead’ wouldn’t be considered a reasonable creature in being
Macherek
is a killing of enemy in course of war a murder
no
in what case was D liable when he killed an enemy because it was still done under the king’s peace
Page
case for factual causation
White
case for legal causation
Kimsey
what case states that D must take V as he finds him (thin skull rule)
Blaue
V’s actions don’t break chain if they were…
reasonable
what case states that 3rd parties don’t break chain unless their actions were so independent from D’s
Cheshire
what case states that medical treatment rarely breaks the chain, only if ‘palpably wrong’
Jordan
MR for murder
malice aforethought
what can malice aforethought be and what does Moloney say
intention to kill (express malice) or intention to cause GBH (implied malice) - Moloney: nothing less than this will do
what is express malice and 2 types
D intends to kill V
Can be direct (Mohan) or oblique (Woollin) intent
what is implied malice + what can it be
D intends to cause GBH but as a result of D’s actions, V dies - can be direct or oblique
what case states that GBH means serious harm
Saunders
in what case was D guilty of murder when he inflicted GBH + V died since the intention for GBH amounted to malice aforethought
Vickers
what case states that intention to cause really serious injury is sufficient MR
Cunningham
what is oblique intention with case
foresight of consequences (Woollin) - jury must be sure death/ serious injury was a virtual certainty of D’s actions + D appreciated this
what case states that if jury decides D foresaw the certainty of death/ serious injury then they are entitled to find intention (but don’t have to)
Matthews & Alleyne
