Murder/ voluntery Manslaughter

Question 2

What did Lord Coke define murder as?

Answer 2

The unlawful killing of a human being in existence under the queens peace with malice aforethought, either express or implied by law.

Question 3

What is unlawful killing defined as?

Answer 3

A positive act or omission. If by omission there must have been a duty in law to act. Gibbens and proctor.

Question 4

A killing is not murder if deemed lawful, eg turning off life support ( 1 ) or operating to save one patient but killing another ( 2 )

Answer 4

1) malcharek

2) Re A

Question 5

What case says that a foetus is not a human being?

Answer 5

(AGs Ref no.3 1994)

Question 6

What case says that if d kills in battle it doesn’t count (under the kings peace)

Answer 6

Page

Question 7

What is the case for factual and legal causation?

Answer 7

Factual- But for, white

Legal/ more than minimal, smith

Question 8

What case says that D must find V as they find them?

Answer 8

Blaue

Question 9

What are the 2 types of malice aforethought?

Answer 9

Express malice

Implied malice