Murder Flashcards
What is the accepted definition of murder according to Lord Coke?
The unlawful killing of another human being under the Queen’s peace with intention to kill or cause GBH.
What does ‘Actus Reus’ mean in the context of murder?
The unlawful killing of another human being.
What does ‘Mens Rea’ refer to in murder cases?
The intention to kill or cause GBH.
Explain the term ‘King’s peace’ in murder law.
It refers to the idea that killing an enemy in war is not considered murder.
What is the consequence of a murder conviction in the UK?
It carries a mandatory life sentence.
What is meant by ‘unlawful killing’ in murder?
The killing must not be legally justified; lawful killings cannot be categorized as murder.
What does ‘Grievous Bodily Harm’ (GBH) mean?
GBH refers to really serious harm inflicted on an individual.
What was the significance of the Year and a Day Rule in murder cases?
Previously, death had to occur within a year of the attack for murder charges, but this rule was abolished.
Under what circumstances can a foetus be considered in a murder case?
If a foetus is injured and born alive but dies later due to those injuries, it can lead to charges of murder or manslaughter.
How does the law view a brain-dead individual in terms of murder?
Brain death is considered legal death, and an individual can be recognized as legally dead.
What is the defence situation with ‘self-defence’ in murder cases?
There is no allowance for excessive force used in self-defence; it’s an all-or-nothing defence.
Can intention to cause GBH be sufficient for a murder charge?
Yes, based on cases like R v Cunningham and R v Vickers, intention to cause GBH can be sufficient.
What is ‘Transferred Malice’ in relation to murder?
It refers to the principle that intention can transfer from the intended victim to an actual victim.
What was concluded in Attorney General’s Reference (No 3 of 1994)?
It established that a foetus injured can lead to murder charges if born alive and later dying.
What issues arise from the archaic definition of murder?
The definition may not reflect modern values, complicating judicial interpretation.
Describe the concept of ‘implied intention’ in murder.
Implied intention is the intention to cause GBH, and it is considered sufficient for establishing Mens Rea.
What does the case R v Woollin state about intention in murder?
It states that jury may infer intention where death or GBH is a virtual certainty.
What is meant by ‘mandatory life sentence’ in murder trials?
The judge has no discretion in sentencing, meaning a life sentence is obligatory.
What is the impact of the Law Commission’s 2006 report on murder?
It highlighted various problems with the law on murder and suggested changes, but none were implemented.
Explain the significance of ‘proportionality’ in self-defence cases related to murder.
Proportionality is critical as it determines whether self-defence can be used successfully based on the situation.
