Murder P1 Flashcards
What is the definition of murder
The unlawful killing of a human being under he kinds peace with malice aforethought, expressed or implied
What are the stages of AR for murder
Unlawful
Killing by act or mission
A human being
Under the kings peace
Causation
What is meant by unlawful
The killing must be unlawful
It is not unlawful to kill in self-defence, in prevention of a crime
What case is used to show unlawful killing that involved a soldier shooting at teenager joy riders
Clegg
What case involved the seperation of twins saw the weaker one to die for it not being unlawful killing
Re a (Conjoined twins) 2000
What is meant by killing by act or omission
The killing must be done through and act (most common) or omission where there is a legal duty to act and someone has failed
What is meant by A human being for the AR of murder
Killing a human = murder
Killing a baby who ‘existence independent of the mother’ = murder
Someone classed as braindead is not classed as a human being
Which case involved someone stabbing a pregnant mother did not mean the baby was murdered
A-Gs Reference (No3 of 1994)
Which cases shows the true legal test for death (brain stem has died)
Malcherek and Steel
Which case showed that doctors who shorten a patients life/ hasten their death = guilty of murder
Adams - eventhough jury found him not guilty
Which case was used to show that giving pain relief in the last stages of life is not the AR for murder
Airedale NHS Trust v Bland
What is meant by Under the Kings Peace
Killing and enemy in welfare is not murder
Killing of a prisoner of war might be enough for AR of murder
What are the two stages of causation
Factual and Legal
What test is used for factual legal causation
But for Test - D must be more than a minimal cause of death
What are the three cases used for factual causation
White - D put poisen in mothers tea
Pagett - Gf human shield
Kimsey - making more than a minimal contribution to ds death
What is meant by legal causation
D must make a significant contribution to Vs death
What are the three cases useed for legal causation
Blaue - Jehovahs witness died from stab wound
Cato - V prepared syringe which D injected into him
Gnango - Ds opponents fired the fatal shot but TM convicted him
What are the three things that can break the chain of causation
An act of a third party
Vs own act
Natural but unpredictable events
What two cases are used for An act of a third party breaking the chain in the causation
Jordan - hospital gave drug he was allergic to
Smith - barrack room brawl
What two cases are used for Vs own act
Roberts - girl jumped from a car to escape rape
Williams - V fled car fearing robbery ‘daftness’
What case is used for natural but unpredictable events
Dear - v re-opened own wounds
What is meant by malice aforethought
Intention
What are the two types of malice aforethoughts
Expressed
Implied
What is Expressed malice forethought
D sets out to kill V
What is Implied malice forethought
D intends to cause serious injury which results in death instead
What case is used for Implied malice aforethought
Vickers - D punched and kicked an elderly shopkeeper
What case is used for the definition of GBH
Saunders
What are the two types of intent
Direct
Oblique
What is direct intent
D desires the outcome and achieves it
What case is used for Direct intent
Mohan - drove at officer
What is Oblique intention
Ds actions were virtually certain to cause V GBH or death and D knew this
What case is used to show oblique intent as D did not know death was virtually certain
Woolins - Wagit woolin
What case is used to show that foresight of consequence is merely evidence from which intention can be infered
Matthews and Alleyne
What defence will not work for claiming a break in the chain of causation
The thin skull rule (Blaue)
The d must take the v as he finds him
