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Eduqas A Level Law > Murder > Flashcards

Murder Flashcards

1
Q

Until which year was murder punishable by death?

A

1965

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2
Q

Which statute abolished the death penalty?

A

The Murder (Abolition of the Death Penalty) Act 1965

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3
Q

In order for somebody to be found guilty of a crime, what 2 elements are needed?

A
  1. Actus reus

2. Mens rea

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4
Q

What phrase do actus reus and mens rea come from? What does it mean?

A

‘actus non facit reum nisi mens sit rea’ - the act itself does not constitute guilt unless done with a guilty mind.

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5
Q

What is the general presumption of the courts when it comes to mens rea and actus reus?

A

The defendant has committed the guilty act with a guilty mind.

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6
Q

What are the 3 types of actus reus?

A
  1. A voluntary action
  2. An omission
  3. A state of affairs
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7
Q

What are the 2 parts of actus reus?

A

The conduct and the result

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8
Q

What happens if the actus reus is done involuntarily?

A

The defendant is not guilty.

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9
Q

Which case gave examples of involuntary actions, and what were they?

A

Hill v Baxter [1958], reflexes or being stung by a swarm of bees.

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10
Q

True or False? : Omissions do not usually result in somebody being found guilty.

A

True - the defendant will only be guilty for an omission if they had a duty to act.

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11
Q

How many duties to act are there?

A

6

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12
Q

What are the 6 duties to act?

A
  1. Statutory duty
  2. Contractual duty
  3. Duty imposed by an official position
  4. Duty imposed by voluntarily accepting responsibility for another
  5. Duty imposed by creating a dangerous situation
  6. Duty imposed by a special relationship
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13
Q

Which case demonstrates a contractual duty?

A

R v Pitwood [1902] - level crossing death.

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14
Q

Which case demonstrates a duty imposed by an official position?

A

R v Dytham [1979] - police officer watches bouncer kick man to death.

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15
Q

Which case demonstrates a duty imposed by voluntarily accepting responsibility for another person?

A

R v Stone and Dobinson [1977] - anorexic sister.

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16
Q

Which cases demonstrate a duty to act imposed by creating a dangerous situation?

A

R v Miller [1983] - tramp

DPP v Santana-Bermudez [2003] - police officer and needle.

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17
Q

Which case demonstrates a duty to act due to a special relationship?

A

R v Gibbons and Proctor [1918] - parents starve child.

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18
Q

Which case does not demonstrate a duty to act due to a special relationship?

A

R v Khan & Khan [1998] - heroin dealers.

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19
Q

Which case stated that doctors could not be criminally liable for removing feeding tubes from patients in a PSV?

A

Airedale NHS Trust v Bland [1993]

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20
Q

Which case ruled that doctors can withdraw feeding tubes from patients in a PSV with the consent of their family without having to seek the courts’ approval?

A

A NHS Trust v Y [2018]

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21
Q

Which cases demonstrate a state of affairs?

A

R v Larsonneur [1933] - French woman comes to UK.

Winzar v CC Kent [1983]

22
Q

What are the 3 types of mens rea?

A
  1. Intention
  2. Recklessness
  3. Negligence
23
Q

What is intention?

A

Where the defendant desires a specific consequence of their actions.

24
Q

What are the 2 types of intention?

A

Direct intention

Indirect/oblique intention

25
What is direct intent?
The defendant wants a result and carries out an act to achieve it. They have a clear foresight of the consequences.
26
Which case defined direct intent?
R v Mohan [1975]
27
Simply explain direct intent in 3 words.
Aim, want, desire
28
What is indirect intent?
The defendant doesn't want the result, but realises that in acting in the way they do there is a virtual certainty it will happen.
29
What must the defendant have for indirect intent?
A foresight of the consequences.
30
What case does our current definition of indirect intent come from?
R v Woollin [1998]
31
What originally defined indirect intent?
s.8 Criminal Justice Act 1967
32
What was the issue with the definition of indirect intent given in the case of R v Moloney [1985]?
There was no mention of probability.
33
Which case added a reference to probability to our definition of indirect intent?
R v Hancock & Shankland [1985]
34
R v Woollin [1998] confirms the definition of indirect intent from which case?
R v Nedrick [1986]
35
Which case demonstrates indirect intent?
R v Matthews & Alleyne [2003] - throwing friend off bridge.
36
What is contemporaneity?
Where the actus reus and the mens rea coincide (happen at the same time).
37
What does contemporaneity dictate?
That actus reus and mens rea need not be simultaneous if they are part of a chain of events.
38
What are the 2 ways that courts have applied contemporaneity?
1. Continuing act | 2. Unbroken transaction of events
39
Explain contemporaneity in a continuing act.
The mens rea need not be present at the start of the actus reus, so long as it develops at some point.
40
What case demonstrates contemporaneity in a continuous act?
Fagan v MPC [1969]
41
Explain contemporaneity in an unbroken transaction of events.
As long as there is an unbroken transaction of events, the mens rea and actus reus need not occur at the same time.
42
Which cases demonstrate contemporaneity in an unbroken transaction of events?
R v Thabo Meli [1954] - beats up victim and throws him over a cliff. R v Church [1965] - white van man.
43
What is the principle of transferred malice?
Mens rea may be transferred from the intended victim to the actual one where a crime of a similar nature is committed.
44
Which case demonstrates transferred malice?
R v Latimer [1986] - belt
45
Which case explained that transferred malice can only occur if the offences are of a similar nature?
R v Pembilton [1874] - throwing rocks.
46
What is causation?
The relationship between the conduct of the defendant and the result.
47
What are the 2 types of causation?
Factual and legal
48
What re the 2 tests for factual causation?
The 'but for' test and the de minimis test.
49
Which cases applied the 'but for' test?
R v White [1910] - poisoning. Failed R v Pagett [1983] - armed police. Passed R v Dalloway [1847] - horse and cart. Failed
50
Which cases demonstrate the de minimis rule?
R v Pagett [1983] - armed police. Passed. R v Kimsey [1996] - car crash. Passed.

Eduqas A Level Law (5 decks)

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