Murder Flashcards

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1
Q

Section 9 OAPA or S3 British Nationality Act

A

A murder or manslaughter committed by a british citizen on land anywhere out of the uK may be tried in England as if it had been committed there.

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2
Q

Who can be the victim of murder

A

A reasonable create in Rerum natura This is any human being

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3
Q

Is it murder to kill a foetus/child in the womb? Or in the process of leaving the womb?

A

If the child has ‘an existence independent of its mother’ it is capable of being murdered. Therefore

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4
Q

Poulton

A

The child must have been wholly expelled from the mother’s body and be alive

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5
Q

When is the baby alive?

A

When it has an independed existence and it has breathed. But there is some uncertainty at the precise moment the child is protected

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6
Q

A-G’s reference (No3 of 1994)

A

D stabbed girlfriend, V who was 26 weeks pregnant causing X to be born prematurely and die 120 days later. HOL accepted obiter that as an established rule, violence towards a foetus which results in harm suffered after the baby is born can give rise to criminal liability.

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7
Q

Mens rea problem with foetus murder

A

COA held that the foetus is an intergral part of the mother, if there was an intention to kill or cause serious harm to the mother, this intention would also be towards the child. HOL disagreed and said that “the mother and foetus were two distinct organisms”. They declined to extend the doctrine of transferred malice to double transfer of intent. However, the HOL then went on to say that it is manslaughter to kill baby not murder.

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8
Q

CP (A child) v First tier Tribunal

A

A child was born with alcohol syndrome after her mother drank during pregnancy. Lord Dyson held: “it is well established that a foetus is not a “person” rather it is a sui generis organism” and that A-G reference supported this position.

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9
Q

Death and murder

A

At the moment there is ambiguity as to when someone is death. The law has not evolved a definition but the current medical view is when someone is brain dead.

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10
Q

Dyson

A

There must be some acceleration of death

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11
Q

Airedale NHS Trust v Bland

A

There is a special defence for doctors. Where a doctor is caring for a patient lawfully administers painkilling drugs, despite the fact he knows the incidental effect will be death this is a defence.

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12
Q

Lord Sumption in the case of Nicklinson

A

Medical treatment intended to relieve pain is not unlawful only because it has incidental consequences, however foreseeable.

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13
Q

R v Winchester Crown Court

A

Doctor acting in good faith purposefully killed in order to terminate pain. Held: guilty.

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14
Q

Inglis

A

COA confirmed that there is no defence of mercy killing in english law.

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15
Q

The mens rea of murder

A

Malice aforethought

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16
Q

Malice aforethought

A

HOL has confirmed that this means intention in Moloney. Manslaughter is an unlawful homicide without malice aforethought. It is: 1) an intention to kill any person or: 2) An intention to cause GBH.

17
Q

What does GBH mean?

A

Grievous means “really serious”. In Saunders it was held that it is for the judge to decide in each case whether it is necessary to direct the jury that the harm intended must be”really serious”.

18
Q

DPP v Smith

A

HOL laid down an objective test for liability of murder. The test was “not what the defendant contemplated but what the ordinary reasonable man in the circumstances have contemplated as the natural and probably result.

19
Q

Murder section

A

S1/2 Homicide act 1957

20
Q

A murder or manslaughter committed by a british citizen on land anywhere out of the uK may be tried in England as if it had been committed there.

A

Section 9 OAPA or S3 British Nationality Act

21
Q

A reasonable create in Rerum natura This is any human being

A

Who can be the victim of murder

22
Q

If the child has ‘an existence independent of its mother’ it is capable of being murdered. Therefore

A

Is it murder to kill a foetus/child in the womb? Or in the process of leaving the womb?

23
Q

The child must have been wholly expelled from the mother’s body and be alive

A

Poulton

24
Q

When it has an independed existence and it has breathed. But there is some uncertainty at the precise moment the child is protected

A

When is the baby alive?

25
Q

D stabbed girlfriend, V who was 26 weeks pregnant causing X to be born prematurely and die 120 days later. HOL accepted obiter that as an established rule, violence towards a foetus which results in harm suffered after the baby is born can give rise to criminal liability.

A

A-G’s reference (No3 of 1994)

26
Q

COA held that the foetus is an intergral part of the mother, if there was an intention to kill or cause serious harm to the mother, this intention would also be towards the child. HOL disagreed and said that “the mother and foetus were two distinct organisms”. They declined to extend the doctrine of transferred malice to double transfer of intent. However, the HOL then went on to say that it is manslaughter to kill baby not murder.

A

Mens rea problem with foetus murder

27
Q

A child was born with alcohol syndrome after her mother drank during pregnancy. Lord Dyson held: “it is well established that a foetus is not a “person” rather it is a sui generis organism” and that A-G reference supported this position.

A

CP (A child) v First tier Tribunal

28
Q

At the moment there is ambiguity as to when someone is death. The law has not evolved a definition but the current medical view is when someone is brain dead.

A

Death and murder

29
Q

There must be some acceleration of death

A

Dyson

30
Q

There is a special defence for doctors. Where a doctor is caring for a patient lawfully administers painkilling drugs, despite the fact he knows the incidental effect will be death this is a defence.

A

Airedale NHS Trust v Bland

31
Q

Medical treatment intended to relieve pain is not unlawful only because it has incidental consequences, however foreseeable.

A

Lord Sumption in the case of Nicklinson

32
Q

Doctor acting in good faith purposefully killed in order to terminate pain. Held: guilty.

A

R v Winchester Crown Court

33
Q

COA confirmed that there is no defence of mercy killing in english law.

A

Inglis

34
Q

Malice aforethought

A

The mens rea of murder

35
Q

HOL has confirmed that this means intention in Moloney. Manslaughter is an unlawful homicide without malice aforethought. It is: 1) an intention to kill any person or: 2) An intention to cause GBH.

A

Malice aforethought

36
Q

Grievous means “really serious”. In Saunders it was held that it is for the judge to decide in each case whether it is necessary to direct the jury that the harm intended must be”really serious”.

A

What does GBH mean?

37
Q

HOL laid down an objective test for liability of murder. The test was “not what the defendant contemplated but what the ordinary reasonable man in the circumstances have contemplated as the natural and probably result.

A

DPP v Smith

38
Q

S1/2 Homicide act 1957

A

Murder section