Murder Flashcards

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1
Q

Murder was defined by the __th-century Judge Lord ___

A

17th, Lord Coke

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2
Q

The actus reus of murder is “t__ u____ k____ o_ a__ h___ b___”

A

The unlawful killing of another human being

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3
Q

Homicide may be committed by an omission if the defendant has a duty to ___

A

act

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4
Q

Omission homicide case:

R v P____

A

Pitwood

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5
Q

Omission homicide case:
R v P____
(Hint: Train crossing)

A

R v Pitwood

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6
Q

Causation cases:
R v P___
R v C___
R v W___

A

R v Pagett
R v Cheshire
R v White

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7
Q

Three examples of lawful killing:

  • The police killing in the lawful exercise of duty
  • Killing by the m____ profession
A

Medical

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8
Q

The death penalty was abolished by the Murder Act ____

A

1965

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9
Q

The law on murder has been developed through ___ law

A

common law

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10
Q

Murder definition:

“The unlawful killing of another human being with m___ a____”

A

Malice aforethought

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11
Q

The mens rea of murder is:

A

Malice aforethought

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12
Q

Malice can be e___ or i___

A

Express or implied

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13
Q

Oblique intention case: R v W____

A

Woolin

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14
Q

Implied malice is the intention to cause ____

A

Grevious bodily harm

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15
Q

The Reform Act 1996 declares that

the Attorney-General must consent to prosecute a D where death occurs ___ years or more after the injury was caused

A

Three

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16
Q

R v Woolin tells us the meaning of o___ i____

A

Oblique intention

17
Q

Oblique intention is where D forsees d____ or serious b____ h___ as virtually certain.

A

Death

Serious Bodily Harm

18
Q

Oblique intention is where D forsees d____ or s______b____ h___ as v______ c_____

A

Death or serious bodily harm as virtually certain

19
Q
Direct intention:
1. A\_\_
2.P\_\_\_
and 
3.\_\_\_\_
A

Aim, purpose, desire

20
Q

R v Matthews & Alleyene reminds us that certainty of death does not mean the jury is b___ to find intention

A

Bound

21
Q

Lord Steyn, in R v Wooling, declared that foresight of virtual certainty is i____

A

Intention

22
Q

Murder is the only offence in English law with an m___ life sentence.

A

Mandatory

23
Q

In 19__, The Law Commission said that the law on murder was too wide and that the D should only have MR if THEY are aware that they may cause d___.
This is an s___ test.

A

In 1989, The Law Commission said that the law on murder was too wide and that the D should only have MR if THEY are aware that they may cause death.
This is an subjective test.