1B Murder Flashcards
What is the definition of murder?
the unlawful killing of a reasonable person in being under the Queen’s Peace with malice aforethought express or implied
The modern definition of Lord Coke’s 17th century defintion
What does ‘killing’ mean?
An act or omission (where there’s a duty to act)
What is the actus reus of murder?
the unlawful killing (4) of a reasonable person in being (2) under the Queen’s peace (3)
What does a person in being mean?
- Foetus - AG Ref No.3 of 1994 - 1997
‘existence independant of the mother’ - what if they are being kept alive by life support - R v Malcherek and Steel
‘if in patient’s best intrest’
What does under the Queen’s peace mean?
Killing of enemy in combat is not murder, killing when no war is murder
Legal causation
- more than the minimal cause (BENGE)
- operating and substantial cause
- no intervening act
Factual causation
But for test (R V WHITE)
Breaking the chain of causation
- bad medical treatment
- V’s own actions were reasonable
- thin skull rule
Definition of Mens Rea
‘malice aforethought, express or implied’
What does express malice aforethought mean?
The intention to kill
What does implied malice aforethought mean?
The intention to cause GBH
VICKERS - COA establishes that inention of GBH is sufficient MR to prove MAT
What is Direct Intention ?
The intention to bring out aboue the prohibited consequence
MOHAN
What is Oblique intention?
could D have foreseen the risk of death or serious injury with virtual certainty
WOOLIN
What is Transferred malice ?
The mens rea can be transferred from the intended victim to the actual victim
What is the contemporaneity rule?
- general principle that actus reus and mens rea can occur at the same time
- Continuing act
- Series of acts
