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Criminal Law, P1 OCR > Murder Cases > Flashcards

Murder Cases Flashcards

1
Q

definition of murder

A

“the unlawful killing of a reasonable creature in being under the king/queens peace with malice aforethought” -Lord Coke

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2
Q

definition for actus reus

A

“the unlawful killing of a reasonable creature in being under the king/queens peace”

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3
Q

“unlawful”

A

the killing is not justified, eg self defence

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4
Q

“under the king/queens peace”

A

killing in the course of war is not murder

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5
Q

“reasonable creature in being”

A

the death of a human being eg brain stem death (Malcherek) or killing of a foetus (A-G’s Ref (no3 of 1994))

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6
Q

Malcherek

A

death of a human being does not apply to a brain stem death

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7
Q

Attorney Generals’ Ref (No 3 of 1994)

A

death of a human being does not apply to the killing of a foetus

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8
Q

Stone & Dobinson, Gibbons & Proctor

A

omission of a duty to care, assumed voluntarily

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9
Q

Miller

A

omission of duty to deal with a dangerous situation

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10
Q

Pittwood

A

omission of contractual duty

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11
Q

White, Pagett

A

factual causation

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12
Q

Smith, Pagett

A

legal causation

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13
Q

Corbett, Roberts

A

NAI: victims own act

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14
Q

Pagett

A

NAI: act of a 3rd party

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15
Q

Cheshire

A

NAI: medical negligence

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16
Q

Jordan

A

NAI: medical negligence & “palpably wrong”

17
Q

Blaue

A

NAI: thin skull rule

18
Q

Mohan

A

express/implied malice aforethought- intention to kill/ cause GBH

19
Q

Woollin

A

indirect intention-virtual certainty and appreciated

20
Q

Smith, Saunders

A

GBH= really/serious harm

21
Q

Latimer, Mitchell

A

transferred malice principle

22
Q

Fagan v MPC

A

coincidence rule: continuing event

23
Q

Thabo Meli

A

coincidence rule: series of events

24
Q

checklist

A
  • def LC
  • human, peace, unlawful M, A-GR(3of’94)
  • IR: omission S&D, G&P, M, P
  • causation (FC, LC) W, P, S, C, R, C, J, B
  • mr: (EMA, IMA, II) M, W, S, S
  • IR: tm, coincidence L, FvMPC, TM
25
Q

defintion of mens rea

A

malice aforethought, express or implied

Criminal Law, P1 OCR (17 decks)

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