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Law > Murder > Flashcards

Murder Flashcards

1
Q

Actus reus

A

The unlawful killing of a reasonable person under the king or queen’s peace

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2
Q

AR - unlawful

A

Without consent, cannot consent to GBH or death (Brown)

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3
Q

AR - reasonable person

A

Not a foetus (A-G Ref), or someone who’s brain dead (Malcherek and Steel)

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4
Q

AR - king or queens peace

A

Not at war

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5
Q

Intervening act - medical treatment

A

Must be palpably wrong (Jordan)

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6
Q

Intervening act - V’s own actions

A

V’s action’s can be intervening act if they;re unreasonable (Roberts)

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7
Q

Mens rea

A

With malice, aforethought, express or implied

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8
Q

MR - malice

A

Desire to harm, compassionate killings still murder (Gray)

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9
Q

MR - aforethought

A

Thinking about actions before doing them, can be as little as seconds

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10
Q

MR - express

A

Intent to kill (Mohan)

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11
Q

MR - implied

A

Intent to cause GBH - enough for MR of murder (Vickers)

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12
Q

Foresight of consequences

A

Can prove direct intention (Nedrick)

  • would a reasonable person see outcome as a virtual certainty
  • did D realise outcome was a virtual certainty
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13
Q

Sentence

A

Mandatory life

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14
Q

R v Brown

A

Cannot consent to GBH or death

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15
Q

A-G Ref

A

Foetus is not a reasonable person

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16
Q

Malcherek and Steel

A

Someone brain dead is not a reasonable person

17
Q

Paggett

A

Factual Causation

18
Q

Kimsey

A

Legal causation

19
Q

R v Jordan

A

For medical treatment to be an intervening act it must be palpably wrong

20
Q

R v Roberts

A

For V’s own actions to be an intervening act they must be unreasonable

21
Q

R v Gray

A

Compassionate killings are still murder

22
Q

Mohan

A

Intent to kill

23
Q

Vickers

A

Intent to cause GBH is enough for MR of murder

24
Q

Nedrick

A

Foresight of consequences can be used to prove direct intention

25
Q

What type of intention is needed for a murder conviction?

26
Q

What partial defences can be used for murder?

A

Loss of control, diminished responsibility

27
Q

What would a partial defence reduce a murder conviction to?

A

Voluntary manslaughter

28
Q

Sentence for a voluntary manslaughter conviction?

Law (6 decks)

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