Murder cases Flashcards

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1
Q

Murder definition

A

The unlawful killing of a reasonable creature in being under the Kings peace with malice aforethought, expressed or implied.

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2
Q

Omissions- duties

A

Contractual duty= R V Pitwood
Duty of special relationships= Gibbins and Proctor
Voluntary duty= Stone and Dobinson
Duty causing a dangerous situation= R V Miller

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3
Q

reasonable creature in being- foetus becomes human being when the child is born alive and completely outside its mother

A

R V Poulton

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4
Q

foetus- child must be capable of breathing

A

R V Enoch

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5
Q

Reasonable creature in being- switching off life support doesn’t break the chain of causation

A

Malcherek and Steel

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6
Q

Causation- FACTUAL

A

R v Pagett
R v White

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7
Q

Thin skull rule

A

R v Blaue

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8
Q

Medical treatment- has to be independent from the defendants conduct and serious enough to cause death

A

R v Smith
R v Cheshire
R v Jordan

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9
Q

Malice aforethought- implied intention

A

R v Vickers

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10
Q

Malice aforethought- intention to cause really serious harm was sufficient

A

R v Cunningham

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11
Q

identifying intention- foresight of consequences evidence of intention

A

R v Moloney

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12
Q

Unlawful killing

A

Self defence- an example of lawful killing
Right to protect themselves with reasonable force
Brought about the death of a victim

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13
Q

Reasonable creature in being

A

A human being
Expelled from mothers body and have its own circulation
If a child is murdered whilst in the womb but then born alive and later dies from injuries- murder or manslaughter
Brain death

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14
Q

Under Kings peace

A

Killing of enemy aliens during war and under battle conditions is not criminal homicide

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15
Q

Malice aforethought

A

Expressed= intention to kill
Implied= intention to cause GBH

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