Murder Flashcards
What sort of offence is murder?
Common law offence.
What is the definition of murder from Lord Coke?
‘Murder is the unlawful killing of a reasonable person under Kings (Queens) peace with malice aforethought, express or implied.
What does Kings (Queens) peace mean?
Means killing of an enemy in war is not murder, however the killing of a prisoner of war would be sufficient AR of murder.
What is the actus reus of murder?
The defendant must have killed a reasonable creature (person), in peace time, in an unlawful manner.
How can you kill other than by act?
By omission.
How does murder link to the killing of a foetus?
Cannot be guilty of killing foetus, however when born injured and dies as a result you can be guilty of murder or manslaughter.
What is murder in terms of brain-dead?
Brain death is reasonable grounds for doctors to switch off life support, however if intention is to kill then its murder.
What makes a killing not unlawful?
If the killing is done in self defence or defence of another person.
When is force allowed to be used in householder cases?
- Used whilst D is in building.
- D must not be a trespasser.
- D must have believed V to be a trespasser.
What is a defence that links to excessive force?
Loss of control.
What are the two different intentions (mens rea)?
- Express malice aforethought.
2. Implied malice aforethought.
What is express malice aforethought?
Intention to kill.
What is implied malice aforethought?
Intention to cause GBH.
What is transferred malice in terms of murder?
If D tries to kill V1 and kills V2, they are still guilty of murder.
