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Law > Murder Ch5 Y2 > Flashcards

Murder Ch5 Y2 Flashcards

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1
Q

What is the definition of murder

A

The unlawful killing of a reasonable creature in being under the kings peace with malice aforethought express or implied

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2
Q

What is the Actus Reus of murder?

A

Unlawful
Killing
Reasonable creature in being
Kings Peace

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3
Q

What is the mens rea of Murder?

A

Malice Aforethought Express
Or
Malice Aforethought Implied

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4
Q

What is the mens rea of murder?

A

Malice Aforethought Express
Or
Malice Aforethought Implied

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5
Q

How is a killing proven

A

Causation

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6
Q

How is a killing proved to be unlawful?

A

Causation

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7
Q

What is a reasonable creature in being? (Include accompanying cases)

A

A human being

A foetus is not a reasonable creature

A Braindead person is not a reasonable creature (R v Malcherek)

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8
Q

What is the king’s peace?

A

Peacetime, not at war

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