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Criminal law > Murder > Flashcards

Murder Flashcards

1
Q

Who defined murder?

A

Lord Justice Coke

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2
Q

When did Lord Justice Coke define murder?

A

1797

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3
Q

Murder

A

‘the unlawful killing of a reasonable creature in being under the King’s peace with malice aforethought, express or implied’

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4
Q

Killing can be carried out via what?

A
  • voluntary act
  • omission where there was a duty to act
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5
Q

What tests must be satisified for the killing?

A

Factual and legal causation tests

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6
Q

What defences are available for murder?

A
  • self-defence
  • intoxication
  • insanity
  • automatism
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7
Q

Rance 1991

A

A foetus becomes a human being when it has been ‘born alive and breathing through its own lungs’

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8
Q

A foetus becomes a human being when it has been ‘born alive and breathing through its own lungs’

A

Rance 1991

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9
Q

AG Ref No 3 of 1994 (1997)

A

It is murder when the foetus is damaged in the womb by D so that it is born alive but dies later

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10
Q

It is murder when the foetus is damaged in the womb by D so that it is born alive but dies later

A

AG Ref No 3 of 1994 (1997)

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11
Q

Within the King’s peace

A

It is murder if D:
- kills a POW
- kills anyone whilst not in a wartime situation
- kills anyone not under the command of the state

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12
Q

What must there be coincidence of?

A

MR and AR

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13
Q

What can be transferred?

A

Malice

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14
Q

Does transferred malice apply?

A

yes

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15
Q

express malice aforethought

A

Intention to kill

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16
Q

implied malice aforethought

A

Intention to commit GBH

17
Q

Vickers 1957

A

Defined express and implied malice aforethought

18
Q

Matthews and Alleyne 2003

A

If death or GBH was a virtual certainty and D foresaw this as a likely consequence, this is evidence of intention

19
Q

If death or GBH was a virtual certainty and D foresaw this as a likely consequence, this is evidence of intention

A

Matthews and Alleyne 2003

20
Q

Case defining express and implied malice aforethought

A

Vickers 1957

21
Q

Is V a human being if he is in a vegetative state and is only being kept alive by medical equipment?

A

No

22
Q

When is V not a human being?

A
  • When in a vegetative state and only being kept alive by medical equipment
  • not ‘born alive and breathing through its own lungs’

Criminal law (20 decks)

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