Murder Flashcards
Who defined murder & how ?
Lord Coke- ‘unlawful killing of a reasonable person in being under the Kings Peace with malice forethought express or implied’
What is the AR of murder ?
1.unlawful killing
2.act or omission
3. reasonable person
4.under kings peace
What is an unlawful killing & cases?
anything not in self-defence (Martin) or authorised at a time of war
How can murder be committed by an omission?
failure to act (Stone & Dobinson)
What counts as a reasonable person & case?
not a foetus- wholly expelled from mother (Att gen. Ref. 1997)
What does Malcherek V Steel say?
How does something take place under the Kinds Peace ?
country not declared in a course of war
As murder is a result crime what must be proven?
causation
explain factual causation?
but for test (White/Pagett)
explain the 2 factors of legal causation?
de minimus, more than a minimal cause (Kimsey)
O+S- most blameworthy (Smith/Cheshire)
What are the NAIs ?
own act- (Robert’s/Williams & Davis)
self neglect- (Holland/Wallace)
3rd 🥳- (Pagett)
wrong 🏥- (Jordan/Smith)
TSR- Blaue
How did Lord Justice Coke set out the MR for murder?
Malice a forethought express or implied
How can express malice aforethought ?
either direct or oblique intent
What is direct intent for express malice & case?
Mohan- D wants to kill V
What is oblique intent for express malice set out in R V Woollin?
D conduct 2 bring outcome 🧠 conseq. can b death/serious bodily harm & virtual certainty which he appreciates
What is implied malice aforethought (case)?
D has intent to cause GBH but V dies as result (Vickers)
What does DPP V Smith say about implied malice aforethought?
GBH which turned to murder can fall under really serious harm
If the D had the AR & MR for this where would they be tried and what would their max sentence be?
crown court
mandatory life sentence of life imprisonment
