murder scenario checklist (ao1) Flashcards
definition of murder and who coined the definition
Lord Coke
the unlawful killing of a reasonable person in being and under the the king/queens peace with malice aforethought express or implied
What are the 2 ways a defendant can be guilty of murder? give an example too.
(part of actus reus of murder)
to kill someone:
through an act (most likely this if it is not to do with a duty)
or
through an omission (under a duty to care) (e.g. R v Gibbons & proctor)
that caused the death
briefly explain the issue regarding if the person is not a reasonable creature in being (include example
(part of actus reus of murder)
if it is a foetus or brain dead people.
a foetus to be considered a creature in being must be expelled from the body with a separate circulation.
- AG reference no3 of 1994: defendant stabbed pregnant girlfriend and killed foetus
what does under king/queens peace mean?
(part of actus reus of murder)
will be considered murder if a person does so not during war.
the killing must be unlawful, but how can a killing be considered lawful? give 2 examples.
(part of actus reus of murder)
Considered lawful if in self defence, defence of another, or in prevention of crime as long as it is reasonable and proportionate to the threat.
- R v Martin: D was a farmer at shot 2 intruders in the back as they were leaving, wasn’t able to claim self defence as his actions were disproportionate to the threat. Found guilty of manslaughter.
what’s the test for factual causation and give an example
(part of actus reus of murder)
“but for” the actions of the D, V wouldn’t of died
R v Pagett
what is the way legal causation can be found in murder?
(part of actus reus of murder)
the defendants actions must be the operative and substantial cause of V’s death (R v Smith) and not de minimus (R v Kimsey)
for the D to be found guilt of a murder can there be any intervening acts
(part of actus reus of murder)
no
what is the mens rea of murder stated as being?
malice aforethought express or implied.
meaning there’s 2 different intentions
what is express malice aforethought?
(mens rea part of murder)
the direct or indirect intention to kill
what is implied malice aforethought?
give an example
(mens rea part of murder)
the intention to cause GBH (e.g. R v Vickers 1957)
briefly explain direct intent
(mens rea part of murder)
Mohan (1975) described it as “the intention to bring about the prohibited consequence”
briefly explain indirect/oblique intent and give an example
(mens rea part of murder)
the courts will look at the foresight of consequences and the extent to which the result was a virtual certainty as part of the evidence
(R v Woollin 1998)
transferred malice and give an example
when the mens read can be transferred from the intended victim to an unintended victim (if the crime is the same)
R v Mitchell
briefly explain the coincidence of mens rea and actus reus as a part of direct intention
The AR & MR must occur at the same time. however where there is a series of linked acts as in R v Church OR a continuing act as in Fagan the courts can find coincidence.
