Murder Flashcards
Murder was defined by the __th-century Judge Lord ___
17th, Lord Coke
The actus reus of murder is “t__ u____ k____ o_ a__ h___ b___”
The unlawful killing of another human being
Homicide may be committed by an omission if the defendant has a duty to ___
act
Omission homicide case:
R v P____
Pitwood
Omission homicide case:
R v P____
(Hint: Train crossing)
R v Pitwood
Causation cases:
R v P___
R v C___
R v W___
R v Pagett
R v Cheshire
R v White
Three examples of lawful killing:
- The police killing in the lawful exercise of duty
- Killing by the m____ profession
Medical
The death penalty was abolished by the Murder Act ____
1965
The law on murder has been developed through ___ law
common law
Murder definition:
“The unlawful killing of another human being with m___ a____”
Malice aforethought
The mens rea of murder is:
Malice aforethought
Malice can be e___ or i___
Express or implied
Oblique intention case: R v W____
Woolin
Implied malice is the intention to cause ____
Grevious bodily harm
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
Three
R v Woolin tells us the meaning of o___ i____
Oblique intention
Oblique intention is where D forsees d____ or serious b____ h___ as virtually certain.
Death
Serious Bodily Harm
Oblique intention is where D forsees d____ or s______b____ h___ as v______ c_____
Death or serious bodily harm as virtually certain
Direct intention: 1. A\_\_ 2.P\_\_\_ and 3.\_\_\_\_
Aim, purpose, desire
R v Matthews & Alleyene reminds us that certainty of death does not mean the jury is b___ to find intention
Bound
Lord Steyn, in R v Wooling, declared that foresight of virtual certainty is i____
Intention
Murder is the only offence in English law with an m___ life sentence.
Mandatory
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.
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.
