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Law Paper 1 - English Legal System + Criminal Law > Murder (Fatal Offences) > Flashcards

Murder (Fatal Offences) Flashcards

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1
Q

What is the definition of murder?

A

Where a person of sound memory and of the age of discretion unlawfully kills any reasonable creature in being under the King’s peace, with malice aforethought.

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2
Q

What is ‘sound memory’?

A

The person responsible must not be insane

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3
Q

What is the age of discretion?

A

10 years - anyone under 10 isn’t criminally responsible for their actions

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4
Q

What is ‘unlawfully kills’?

A

Killing isn’t execution or self-defence

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5
Q

What is a ‘living human being’?

A

A foetus is not a living human being, however, if a foetus dies after birth as a result of injuries sustained in the womb then it will be murder

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6
Q

What is the King’s peace?

A

Killing an enemy under wartime is not murder

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7
Q

What is the POL from R vs Malcherek and Steel?

A

It was his act that caused death

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8
Q

What is the minimum sentence for Murder?

A

Mandatory Life Sentence

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9
Q

What do you include at the end of the Actus Reus section of a murder scenario answer?

A

Factual and Legal Causation

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10
Q

What is the mens rea for Murder?

A

Malice Aforethought

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11
Q

What is the definition of malice aforethought?

A

The intention to kill or to cause GBH

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12
Q

What is the case for indirect intention within murder?

A

R vs Moloney

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13
Q

What is the test for indirect intention and what case established it?

A

Nedrick test, R vs Nedrick

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14
Q

What case confirmed the Nedrick test?

A

R vs Woolin

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15
Q

What is the Nedrick test?

A

That the defendant could foresee that death or GBH was a virtual certain consequence of his/her actions

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16
Q

What case stated that the Nedrick test isn’t proof but only evidence?

A

R vs Matthew and Alleyne

17
Q

What is the POL from R vs Matthew and Alleyne?

A

That the foresight is not proof of intention but it can be used as evidence

18
Q

What is the case for direct intention?

A

R vs Mohan

Law Paper 1 - English Legal System + Criminal Law (14 decks)

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