Murder Flashcards
What is the legal definition of murder?
The unlawful killing of a reasonable person under the King’s peace with malice aforethought.
Lord Coke’s definition.
What type of offence is murder?
A common law offence (not defined by statute.
What is the mandatory sentence for murder?
Life imprisonment
What is the actus reas for murder?
The unlawful killing of a reasonable person under the King’s peace.
What does “unlawful killing” mean?
A killing that is not legally justified, such as self-defence or war.
What does “under the King’s Peace” mean?
The killing must not occur in war or be lawful combat.
Who is considered a human being in murder cases?
A person who is born and capable of independent life
Case: A-G Ref. No. 3 - the V must be capable of existing independently from the mother.
When does death occur for murder purposes?
When there is brain stem death.
Case: R v Malcherek and steel - sturning off a life support machine after brain death is not murder.
Why is causation important in murder?
The defendant’s act must be the factual and legaln cause of the victim’s death.
What is factual causation?
“But for” the defendant’s act, the victim would not have died.
Case: R v White - Poisoning did not cause death as the victim died of a heart attack.
What is legal causation?
The defendant’s act must be a substantial cause of death.
Case: R v Smith - The original injury was still a substantial cause despite poor medical treatment.
What is the mens rea of murder?
“Malice aforethought” - intention to kill or cause GBH
What is direct intention in murder?
The defndant’s main aim purpose or desire is to kill or cause GBH
Case: R v Mohan - Direct intention is a decision to bring about a consequence.
What is indirect intention in murder?
The defendant foresees death or GBH as a virtual certainty
R v Woollin - Death or serious injury must be a virtual certainty , and the defendant must be appreciate that fact.
What did R v Vickersestablish about intention?
Intention to cause GBH is enough for murder if death results.
How should you structure an answer on murder?
1.Define murder using Lord Coke’s definition
2. Indentify and explain the actus reas
3. Discuss causation
4. Examine the mens rea
5. Apply relevant case law
6. Consider any defeneces that may reduce the charge
