Paper 2 Flashcards
Actus Reus of murder
unlawful killing
of a reasonable creature
under the queens’ peace
Mens rea of killing
malice athorthought
express or implied
R V Martin
Used to much force (unreasonable and unforeseeable)
Reasonable creature
Attorney general reference no3 of 1994
life starts at birth, existence indpeant of the mother
R v Malcherek and steel
legally life ends at brain death
Alredale Trust v Bland
life support can be switched off before brain death, if in best interest and if in a vegetative state
R v Clegg
The priminster has to declare war to not be under the queen’s peace
express malice
intent to kill
Implied malice
intent to cause GBH
DPP v Smith
serious harm
R v Vickers
Implied malice
intent to cause GBH is sufficient enough men’s rea for a murder conviction
Direct intent
R V Mohan
where the defendant aims to cause a particular consequence
Indirect intent
R v Woolin
1) the consequence was virtual certainty
2) the defendant realised this
factual causation
But for test
R v Pagett
legal causation
operative and substantial test
R v Smith
