Murder 2 Flashcards
What kind of offence is murder?
A common law offence.
Who came up with the definition for murder and what was it?
Lord Coke - “The unlawful killing of a human being under the kings peace with malice a forethought, express or implied”
What are the 5 key elements of a murder problem?
1.The unlawful killing
2. Human Being
3. Within the Kings Peace
4. Any country in the realm (UK)
5. Malice aforethought, express or implied
What is meant by “the unlawful killing” in the definition of murder?
That D’s acts or omissions must have caused V’s death, factual and legal causation must be proved.
What is meant by “reasonable creature/human being” in the murder definition?
this just excludes foetus’ or a person who is brain dead.
What is meant by “under the kings peace” in the murder definition?
this excludes an enemy in battle when the country is at war. However, enemy soldiers who have been taken prisoner or have surrendered are still protected by the law on murder.
What is meant by “within any country of the realm” in the murder definition?
This includes killing anywhere in the UK.
What is meant by “malice aforethought, express or implied” in the murder definition?
Malice aforethought is about the intention, express being intention to kill and implied being intention to cause serious harm, these are both sufficient to create the MR
What is Actus Reus?
Actus reus means “guilty act”, this involves the physical element of the crime.
What is an Omission?
A failure to act.
What is causation?
whether the Defendant caused the consequence with their act or omission. (there are two types of causation which must be proved: legal and factual)
What is factual causation?
where it must be proved that the consequence would not have happened ‘but for’ D’s conduct.
What is legal causation?
the fact that D’s conduct must be a more than minimal contribution to the consequence.
What is Mens Rea?
Mens Rea means the ‘guilty mind’, which looks at D’s state of mind at the time of committing the offence.
What is Direct Intent?
Where the result is D’s aim or purpose. (Defined in Mohan)
What is Indirect Intent?
This is where the result is not D’s aim, yet they see that it is virtually certain to occur as a result of their actions. (seen in Woolin)
What is Recklessness?
when D realises that there is a risk of harm/ a consequence but goes ahead with their conduct anyway.
What is Transferred Malice?
When D can be guilty if they intended to commit a crime against A but actually commits the same offence against B.
Explain the Continuing Act Theory
This is where there is an initial AR , and while the AR is going on, D forms the MR, making the MR and the AR coincide. (seen in Fagan)
Explain the Transaction Theory
Where an actus reus is ongoing, the prosecution merely needs to prove that the defendant had the necessary mens rea at some point during that process. (seen in Thabo Mali)
