Murder Flashcards
What is the lord coke definition of murder
The unlawful killing of a reasonable creature in being under the queens peace with malice aforethought
State the actus reus of this offence
The unlawful killing of a reasonable creature in being he queens peace
State the mens rea of this offence
Malice aforethought
What has malice aforethought been interpreted to mean?
Intention
Is a foetus a human being in terms of law, and what is the authority for this?
No, AG’s reference Number 3 of 1994
What is the general rule regarding omissions
No act = No actus reus
What are the exceptions to the omission rule?Name the cases that highlight these principles
- A Contractual duty ( Pittwood )
- Duty due to a relationship ( Gibbons and Proctor )
- A duty take voluntarily ( Stone and Dobinson)
- A duty to minimise harm of your own creation ( Miller )
When does life begin in terms of law
When a baby has an existence independent form its mother
Is a brain dead person a reasonable creature in being
Malcherek states that if a person has no brain stem function then they are not considered a reasonable creature in being.
Who and what action was the precedent set in Malcherek protecting?
The decision to switch off a life support machine by doctors.
State the year and a day rule
Death must have occurred within a year and a day after the defendant act for them to be liable for murder.
What did the law reform 1996 do to the year and a day rule and why
Medical knowledge has improved to the point where a patient can live for much longer than a year and day therefore outdating this rule. The law reform abolished this rule
What are the three elements of causation?
- Factual
- Legal
- No intervening act
What is the test for factual causation?
The case of Pagett developed the but for test to establish factual causation.
State what the But for test is
Would the criminal consequence for the victim would have happened but for the defendants conduct
What is the general rule surrounding legal causation
The defendant actions need not be the sole cause but must be more than a minimal cause. This was established in the case of cato
The case Kimsey clear up about the CA’s statement about legal causation?
Changed the meaning of di minimis to a more slight or stifling link
What did the case of Blaue identify about causation?
you must take your victim as you find them, if any personal characteristics that makes the level of harm for the victim worse then it will not lessen the liability of D
What are the three intervening acts that break the chain of causation
- An act of s third party
- The victims own act
- A natural but unpredictable event
When will medical treatment break the chain of causation?
When the treatment is so potent in causing death and independent of D’s own act that it renders it insignificant
Why was the defendant held to be not guilty in Jordan but guilty in the cases of smith and Cheshire?
The second application of antibiotics were so independent of the now life threatening injuries inflicted my D that it made his involvement insignificant
