Murder - Paper 1 Flashcards
What is the definition of Murder?
The unlawful killing of a human being with the intention to kill or cause GBH
What is the actus reus of murder?
The unlawful killing of a human being
Under what circumstances will a killing be considered lawful?
1) Self-Defence
2) Times of War
3) Save a Life (Best Interests)
At what point is someone considered a human being?
At birth, when they have an ‘independent existence outside the womb’
Would a foetus be classed as a human being?
No
How will the prosecution prove D caused the victim’s death
By proving they were the factual and legal cause of the death
What is the mens rea of murder?
The intention to kill or cause GBH
What does Direct Intention mean regarding murder?
D intended to kill
What does Indirect/Oblique Intention mean regarding murder?
Death or serious injury was virtually certain, and D realised this