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G153 Law > Murder > Flashcards

Murder Flashcards

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MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is the definition of murder

A

The unlawful killing of a reasonable creature in being under the queens peace with malice aforethought

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2
Q

What is the actus reus of murder

A

The unlawful killing of a reasonable creature in being under the queens peace

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3
Q

What is the mens rea of murder

A

Malice aforethought

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4
Q

Where is murder defined

A

In the common law

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5
Q

How can The killed aspect of murder be fulfilled

A

By an act or omission

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6
Q

Give an example of murder by omission

A

Gibbins and Proctor

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7
Q

What must be established under the killing aspect of murder

A

Causation

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8
Q

Give the general rules of causation

A

Factual causation and legal causation without any intervening acts is causation

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9
Q

What does reasonable creature in being mean?

A

A human being

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10
Q

What does reasonable creature exclude?

A

Foetuses

Brain dead people

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11
Q

Which case established that foetus’ are not reasonable creatures

A

Attorney generals reference

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12
Q

Which case establishes that brain dead people aren’t reasonable creatures

A

Malcherek and steel

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13
Q

What did R v Inglis establish

A

Disabled people are reasonable creatures in being

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14
Q

In which two situations may a killing be considered lawful

A

In self defence

When reasonable force is used

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15
Q

Give a case where excessive force was used

A

R v clegg

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16
Q

Give a case in which reasonable force was used

A

Beck ford

17
Q

Give a case where self defence was not available

A

Martin Anthony

18
Q

Give a case where necessity was used

A

Re A

19
Q

What does under the queens peace mean

A

Killing an enemy in the course of war is not murder

20
Q

What is express malice

A

Intention to kill

21
Q

What is implied malice

A

Intention to cause GBH

22
Q

Give two cases in which implied malice was sufficient

A

Vickers

Cunningham

23
Q

What is direct intent

A

The typical situation where D intends the consequence

24
Q

Define oblique intent

A

The situation where D foresees the consequence as a virtual certainty and goes ahead anyway

G153 Law (24 decks)

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