Murder Flashcards
1
Q
Definition of murder
A
Unlawful killing with malice afthought
2
Q
AR of murder
A
Killing can be by an act or omission
3
Q
Structure for murder
A
- It must be unlawful
- Reasonable creature in being
- Under the kings peace
- Causation
- Malice
- Direct or oblique intention
4
Q
R v Martin
A
Unlawful means unnecessary force
5
Q
Ag Ref (3 of 94)
A
Life begins at birth
6
Q
R v malcherek
A
Life ends at brain death
7
Q
R v clegg
A
Country is not under the kings peace during war
8
Q
Define expressed malice
A
The defendant expressly intends to cause death
9
Q
Define implied malice
A
The defendant intends to cause GBH
10
Q
R v vickers
A
Intention to cause GBH is sufficient mr for murder
11
Q
R v woolin
A
- Was virtual certainty the consequence
- Did d realise the consequence was a virtual certainty
