3.7)Murder Flashcards
(19 cards)
Where does the offence of “Murder” come from
Common Law from Lord Coke
Define “Murder”
The unlawful killing of a reasonable person under the king’s peace with malice aforethought expressed or implied
What is the Actus Reus for “Murder”
1)D did the Act
2)V was alive at the time
3)The killing was unlawful
4)The killing took place under the king’s peace
What is meant by “D did the Act”
There was a positive act ot an omission from a duty to act.
What is meant by a “reasonable creature in being”
V must be capable of living and existing independently.
What is meant by “King’s Peace”
Death outside of wartime.
Define Factual Causation
Was it But For Ds conduct, the outcome would have never happened
What must the Prosecution prove for “Murder”
Ds Act was both a factual and legal cause of the result
What does “R v White [1910]” entail
D spiked mother’s drink with cyanide, and she later dies of an unrelated heart attack D was not guilty as his actions had no role in her death
Define Legal Causation
Ds’ conduct must be more than a minimal cause of the outcome
What are the Mens Rea for “Murder”
1)Malice (Intention) Aforethought
2)Express, or Implied
Define “Expressed Malice”
Intention to Kill
Define “Implied Malice”
Intention to cause grievous bodily harm
What does “R v Cunningham [1957] entail
D hit a V multiple times in the head with a chair and appealed his guilty conviction as he only intended to cause grievous bodily harm, and lost.
What is Direct Intent
Main aim, purpose or desire shown in R v Mohan
What is Oblique Intent
The result is a virtual certainty, and D knew this shown in R v Woollin
What is Transferred Malice
D is still guilty if they have the intent to commit a similar crime to one carried out, but against a different victim shown in R v Latimer
What are some criticisms of the Offence of “Murder”
1)Implied Malice is unfair as it puts someone who didn’t see the risk of death in the same category as a serial killer
2)The developments from individual cases have created uncertainty and a lack of clarity
What are some proposals for reforming “Murder”
1)Create a term of First degree for intentional and direct intent
2)Create a second degree for indirect and oblique intention
