Murder Flashcards
What is the definition of murder?
Unlawful killing of a reasonable creature in being under the Queen’s peace with malice aforethought
How can ‘killing’ be committed?
Via an act or omission
What case outlines voluntary acts?
Hill v Baxter
Through what 5 ways can someone have a duty to act?
Contractual, relationship, public office, creating a dangerous situation or voluntarily assuming responsibility
What must be proved in order to show that D is criminally liable for V’s death?
Factual and legal causation
What is the leading case for factual causation?
R v Pagett
What legal principle came out of the case of R v Pagett?
The ‘but for’ test
What is the leading case for legal causation?
R v Smith
What legal test came out of the case of R v Smith?
The operative and substantial cause test
What are the 3 types of intervening act that can break the chain of causation?
1) Victim’s own actions, 2) Actions of a third party, 3) Act of god
What is the leading case for a victim’s own actions?
R v Williams
What is the leading case for actions of a third party?
R v Jordan
What is example of an act of god?
Earthquake
What is the leading case of the thin skull rule?
R v Blaue
What makes a killing ‘unlawful’?
Not self defence, not a soldier in combat, no defense can be used
Which case demonstrates an ‘unlawful’ killing?
R v Martin
What is the meaning of ‘under the Queen’s peace’?
The country is not at war (war has not been declared)
What case demonstrates the meaning of ‘under the Queen’s peace’?
DPP v Clegg
Define ‘reasonable creature in being’
A person who is alive with a functioning brain stem
When does life begin legally?
At birth
What case outlines when life begins?
Attorney General’s reference (No3 of 1994)
In accordance with R v Malcharek and Steel, when does life end?
When the brain stem stops functioning
What legal principle came out of Airedale NHS trust v Bland?
Life sustaining treatment can be withdrawn from a patient in persistent vegetative state as long as the court gives permission
What two types of malice aforethought are there?
Express and implied
What is implied malice?
Where D intends to cause GBH
Define GBH as per DPP v Smith
Really serious harm
What case outlines implied malice?
R v Vickers
What legal principle came out of R v Vickers?
D can be convicted of murder if it is proved that they had direct/indirect intention to cause GBH`
What type of mens rea will not suffice for a murder conviction? (and therefore which types of mens rea are required?)
Recklessness will not suffice and therefore (in)direct intention must be proved to secure a conviction
What is expressed malice?
Where D intends to kill
What are the two cases which must be referred to in the case of mens rea for both expressed and implied malice?
R v Mohan (direct) and R v Woollin
What things might show that D has expressed malice?
Pre-meditation, use of a weapon, sustained attack, motive or history with the victim, homophobic or racist attack
