Murder Flashcards
what is murder
unlawfully kill another human being under the queens peace with malice afore thought
-unlawful means no justification, no self defence
-under queens peace excludes deaths caused during legitimate prosecution of warfare
-another human being includes a baby that has been born alive and existed separate from mother. if person injures a baby inside womb, and it dies from injuries after being born and the defendant wanted to kill mother - murder. if intended serious injury to mum - no murder (maybe manslaughter). depends on defendants intention
the mens rea for murder is specific intent to
-intend to kill
-intend to cause GBH
what are defences to murder? (may reduce charge to voluntary manslaughter)
diminished responsibility - person suffering from an abnormality of the mind arising from a medical condition which effecting ability to understand nature of conduct, to form rational judgement and exercise self control
- loss of control
- suicide pact
what is difference between involuntary and voluntary manslaughter?
lack of mens rea
