murder Flashcards
where does the source of law for murder come from
common law NOT statutes
what is the common law definition of murder and who made this definition
“when a man of sound memory and of the age discretion unlawfully kills any reasonable creature under the kings peace, with malice aforethought, either expressed or implied” lord coke
what are the actus reus elements for murder
1 - Voluntarily (hill and baxter)
2 - unlawfully, not in self defence
3 - kills - by doing an act or an omission that causes (factual and legal causation) death of another
4 - any reasonable creature or human being.
5 - under the king’s peace - not during war
what was the court decision made in the case of poulton
is human being if it was born alive and fully expelled from mother
what was the court decision made in the case of enoch
is human being if capable of breathing
what does malice aforethought mean
S1 homicide act uses expressed malice and implied malice. Malice aforethought means either an intention to kill (express) or an intention to cause grievous bodily harm (implied)
What does vickers confirm
malice aforethough idea which was also affirmed in cunningham
wha tis the meaning of grievous bodily harm and what case says this
really serious harm - dpp v smith
AR + MR for murder =…?
conviction of murder
What defences only apply to murder
loss of control, diminished responsibility
what happens if someone is successful in using the defences that apply to murder
the defendant will be acquitted of murder and convicted of voluntary manslaughter.
what is voluntary manslaughter
where the defendant killed v with intention to kill or cause gbh but D had mitigating circumstances such as labouring diminshed responsibility or lost of control.
information about these defences
only apply to murder, partial defences do not aquit d of all criminal liability
