murder Flashcards
is murder a common/statutory law offence
common
definition of murder
lord coke: unlawful killing of a person in being and under the queens peace with malice aforethought, express or implied by law
actus reus
the unlawful killing of a person in being and under the queens peace
what must the killing be to satisfy AR or murder
unlawful
when is killing not unlawful
if it is done in self defence/prevention of crime
can the killing be by ds voluntary act or omission
yes so long as it causes the death of V
what does it mean the d must kill a person in being
v must have separate existence from the mother and have an independent circulation- killing foetus is not murder
AG REF NO 3 1994
AG REF NO 3 1994
H/L held that where a foetus is injured and then born alive but dies afterwards as a result of the injuries, this can be AR for murder/manslaughter
is a brain dead person in being
probably not MALCHEREK
MALCHEREK
when it has been decided that v is brain dead, doctors can switch off life support machines without being liable for murder. switching off vs life support machine does not break chain of causation
what does under the queens peace mean
killing of an enemy in the course of war is not murder
killing of a prisoner of war would be sufficient for actus reus of murder
mens rea
malice aforethought, express or implied by law
what does the mens rea mean
D must either intend to kill or intend to cause GBH
can d be guilty of murder even though he did not intend to kill
yes VICKERS
VICKERS
if d intends to cause GBH and V died, this is sufficient to imply malice aforethought
GBH means…
really serious harm: DPP V SMITH
AF REF NO 3 why was it held that it was not possible for d to have the mens rea for murder in relation to a foetus
didn’t have separate existence from the mother
when may d directly intend to kill/cause GBH
where death or GBH is his main aim/purpose MOHAN
when may d indirectly intend to kill/cause GBH
where death/GBH is not desired, but was virtually certain to occur and d knows this
transferred malice is the principle that
d can be guilty if he intended to commit a similar crime but against a different V- AF REF NO 3
what must be present at same time in order for D to be liable for murder
AR and Mr
what is an exception to coincidence principle
where AR is part of some larger transaction and d formed mens rea at some point during that transaction- THABO MELI V R
THABO MELO V R
privy council upheld convictions for murder and said that the ds causing vs death was part of a larger transaction and it was sufficient that d forms mens rea at some point during that transaction
