Murder Flashcards
Unlawful killing
Martin
What is this offence?
The unlawful killing of a reasonable creature in being under the queens peace with either express or implied Malice a forethought as defined in common law by lord coke
Reasonable creature in being
Death malachrek and steel brain stem dead
Life independent and wholly expelled agr n 3/1994
Under the queens peace
Clegg must be declared
Causation must be proven
Legal and factual
Express malice afore thought
Intention or direct intention to kill
Mohan
Woollin and Matthews and allyene states that it provides evidence which intent can be found from but not actual intention
Implied malice aforethought
Indirect intention or direct intention to cause gbh
Dpp v smith
Vickers