Murder Flashcards
What is the definition of murder
The unlawful killing of a reasonable creature in being under the queens peace with malice aforethought
What is the actus reus of murder
The unlawful killing of a reasonable creature in being under the queens peace
What is the mens rea of murder
Malice aforethought
Where is murder defined
In the common law
How can The killed aspect of murder be fulfilled
By an act or omission
Give an example of murder by omission
Gibbins and Proctor
What must be established under the killing aspect of murder
Causation
Give the general rules of causation
Factual causation and legal causation without any intervening acts is causation
What does reasonable creature in being mean?
A human being
What does reasonable creature exclude?
Foetuses
Brain dead people
Which case established that foetus’ are not reasonable creatures
Attorney generals reference
Which case establishes that brain dead people aren’t reasonable creatures
Malcherek and steel
What did R v Inglis establish
Disabled people are reasonable creatures in being
In which two situations may a killing be considered lawful
In self defence
When reasonable force is used
Give a case where excessive force was used
R v clegg
Give a case in which reasonable force was used
Beck ford
Give a case where self defence was not available
Martin Anthony
Give a case where necessity was used
Re A
What does under the queens peace mean
Killing an enemy in the course of war is not murder
What is express malice
Intention to kill
What is implied malice
Intention to cause GBH
Give two cases in which implied malice was sufficient
Vickers
Cunningham
What is direct intent
The typical situation where D intends the consequence
Define oblique intent
The situation where D foresees the consequence as a virtual certainty and goes ahead anyway
