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 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.
OR
Any successful self-defence case.
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.
What is a reasonable creature in being?
A human being who has been born.
Does a foetus count as a reasonable creature in being? What case?
No; AG Ref - D stabbed the foetus however it died from complications after its birth.
Is a brain dead person a reasonable creature in being? What case?
Yes; Bland - Doctors weren’t allowed to kill V but were allowed to stop their treatment.
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 are the two forms of intention?
Direct and indirect.
What is direct intention? What case?
The decision to bring about a prohibited consequence.
Mohan
What is indirect intention? What case?
D’s actions meant prohibited consequences were virtually certain.
Woolin
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.
