Paper 1.10a - Murder Flashcards
What is the definition of murder?
The unlawful killing of another reasonable creature in being under the King’s Peace with malice aforethought.
Where did the definition of murder develop from?
Case law (no Act of Parliament criminalises murder).
What is the sentence for murder?
Mandatory life.
What is the starting tariff for murder for an adult?
15-30 years (on licence for life).
What are the tariffs for sentencing a murderer for the following:
Use of a knife? Gun? Killing a PO?
Knife: 25 years.
Gun: 30 years.
Police Officer: 30 years.
What is the starting tariff for murder for a child?
12 years.
What is the category of offence of murder and what court is sit heard in?
Indictable / Crown
What is the actus reus of murder?
The unlawful killing of a reasonable creature in being under the King’s Peace.
What is the mens rea of murder?
Malice aforethought.
What are the four points of the actus reus of murder?
Unlawful, Killing, Reasonable Creature, Under the King’s Peace.
What are some examples of lawful killings?
Self-defence, doctors, police, army.
What is the case example of a lawful killing?
Re A
Conjoined twins were both killing each other, however a medical procedure could be used to save one that involved killing the other. Doctors were granted permission to perform the operation by a judge.
OR
Bland - Hillsborough disaster.
In the case of Martin, why wasn’t the d allowed to use self-defence?
The burglars were fleeing the scene and therefore not dangerous to him.
What two types of causations must d possess to be guilty of murder?
Factual and legal.
What is factual causation?
The ‘But For’ test: but for d’s actions or omissions, the end result would not have happened (White).
What is legal causation in terms of murder?
D played a significant (more than minimal) part in the death under Kimsey.
In order for d to be the cause of the death in murder, what must there NOT be that breaks the chain of causation?
Any intervening acts.
Name five types of intervening acts and give a relevant case example of each.
Bad medical care (Jordan & Smith)
Free will (Kennedy)
V escaping (Roberts & Williams)
Third party involvement (Malcherek & Steele)
Egg shell skull (Blaue)
TRUE OR FALSE: Murder can be an omission.
TRUE: This was the case in Gibbins and Proctor.
In order for a murder to take place, d must kill a what?
Reasonable creature in being / human being.
According to AG Ref, does a foetus count as a reasonable creature in being?
No; D stabbed the foetus however it died from complications after its birth.
According to Bland, is a brain dead person a reasonable creature in being?
Yes; the doctors were not permitted to take an active step toward killing Bland, however they were permitted to stop artificial feeding.
What does under the King’s Peace mean in terms of murder?
Killing does not take place in a time of war.
What does ‘malice aforethought’ mean?
Intention to kill (‘express malice’) or cause serious harm (‘implied malice’).
What does ‘express malice’ mean?
Intent to kill.
What does ‘implied malice’ mean?
Intent to cause serious harm.
What is the definition of intention under what case?
The decision to bring about the prohibited consequence under Mohan.
What are the two forms of intention?
Direct and indirect.
What is direct intention?
The decision to bring about a prohibited consequence.
What is indirect intention?
D’s actions meant prohbitied consequences were virtually certain.
What is the case example of indirect intention?
Woollin
D threw his baby at a pram and missed; baby died. Murder.
What case decides that intent to cause serious harm is enough for murder?
Vickers
D broke into V (a deaf old lady)’s sweet shop to steal. V found D, causing him to punch and kick V several times causing her death. D was convicted of murder.
