Murder Ch5 Y2 Flashcards
What is the definition of murder
The unlawful killing of a reasonable creature in being under the kings peace with malice aforethought express or implied
What is the Actus Reus of murder?
Unlawful
Killing
Reasonable creature in being
Kings Peace
What is the mens rea of Murder?
Malice Aforethought Express
Or
Malice Aforethought Implied
How is a killing proven
Causation
How is a killing proved to be unlawful?
Causation
What is a reasonable creature in being? (Include accompanying cases)
A human being
A foetus is not a reasonable creature
A Braindead person is not a reasonable creature (R v Malcherek)
What is the king’s peace?
Peacetime, not at war
What case illustrates that intent to cause GBH is sufficient for murder?
R v Vickers and R v Cunningham
Does transfered malice apply to murder?
yes