Murder Year 13 Flashcards
What is homicide?
The killing of a human being.
What are the different types of offences of homicide depending on the mens rea (and whether there is a defence).
Murder
Voluntary Manslaughter
Involuntary Manslaughter
What type of offence is murder?
A common law offence- not found in statute.
What is the definition of murder?
17c Lord coke- ‘the unlawful killing of a reasonable creature in being and under the Queen’s/King’s peace with malice aforethought, express or implied’
Can an omission cause the death of the victim?
Not usually but only if there is a duty to act (refer to elements of a crime).
What does unlawful mean?
If someone is killed in self-defence then it will not be unlawful- everyone has the right to protect themselves with reasonable force.
What does killing mean?
Defendant must have caused the death of victim, accelerated the victims death by more than a negligible amount. Death of a ‘reasonable creature in being’.
What does reasonable creature in being mean?
A human.
Not a foetus or a brain dead person.
What is death in utero?
NOT murder.
What is Article 2 ECHR?
The right to life argument.
R v Poulton
The foetus becomes a human being when the child is born alive and completely outside the mother.
R v Enoch
The child must be capable of breathing, although not actually have begun to breathe.
What are foetuses protected under?
S.58 of the Offences Against the Person Act 1861
When can a foetus death become a murder (give a case)
Attorney-General’s Reference (No.3 of 1994) (1997)
If a child is injured in the womb and is born alive but then dies from the injuries after.
What is brain dead and what does the law say? When do you die?
Medical definition- that a person is dead once he or she stops breathing, the heart ceases to function.
Does a life support machine consitute to murder if turned off. Give a case.
No, it doesn’t break the chain of causation. Malcherek and Steel
Who will be liable for the death after the life support machine is turned off?
The original attacker.
How does causation work.
The same as in elements of a crime!!
Will medical treatment break the chain of causation? Give a case.
Unlikely to- has to be independent from the D conduct and serious enough to have caused the death. R v Smith
What does Under Queen’s Peace mean?
Killing of enemy aliens during war and under battle conditions is not criminal homicide.
An English court can try a British citizen for murder/manslaughter committed in? (Where is this from)
Any country- Offences Against the Person Act 1861, S.9
Explain ‘malice aforethought’, what does expressed or implied mean?
Intention to kill (expressed)
Intention to cause GBH (implied)
Can a defendant be guilty of murder even though they didn’t intend to kill?
YES!
What does R v Vickers confirm?
Implied intention.
What cause confirmed previous ruling in that the intention to cause really serious harm was sufficient for the mens rea of murder?
R v Cunningham
Is it necessary for the judge to give the jury any special direction on the meaning of intention?
No, not in most cases.
What does R v Moloney state?
Foresight of consequences is evidence of intention.
Where the D might not have acted with the purpose of killing or causing GBH, but it is extremely likely result of the D actions, what test should be jury be given?
The Woollin test.
What is the Woollin test?
- If death or serious injury was a virtual certainty as a result of the D actions
- D must be aware of the risk
Transferred malice- D will be liable if he intended to commit a similar crime against a different victim. Give some cases?
R v Latimer
R v Mitchell
R v Gnango
R v Pembleton
If the mens rea is for a completely different offence than the one committed then the D may not be guilty. (pebbles).
