Actus Reus

Question 1

what is murder defined as?( and who said this)

Answer 1

the unlawful killing of a reasonable creature in being under the king’s peace with malice aforethought expressed or implied.-Lord Coke

Question 2

what is the complex definition of actus reus?

Answer 2

unlawful killing by an act or omission, death must be caused by D.

Question 3

1)unlawful killing- what is this and what is the case for it.

Answer 3

The killing can be by act or omission-Gibbins and proctor-(parents’ failure to feed their daughters)

Question 4

Unlawful Killing-continued- what is factual causation?(whats the case, human shield)

Answer 4

but for D’s conduct, v would not have died.-but for test-Pagget.

Question 5

Unlawful Killing-continued-what is legal causation?

Answer 5

D’s act or omission was more than a minimal cause of V’s death.

Question 6

what is the law for self defence?

Answer 6

A killing is not unlawful if done in self-defence(provided D uses ‘reasonable force’.)

Question 7

2) human being-what is the law regarding killing a human being?- and what are the two cases.

Answer 7

This excludes a foetus or a person who is brain dead.-A-G’s reference-a foetus is not a reasonable creature in being as it cannot survive without its mother. Malcharek-doctors can switch off a life support machine when D is brain dead as the person is no longer a reasonable creature.

Question 8

3)Under the Kings Peace-what does this mean?- provide a case:

Answer 8

Killing an enemy in the course of war is not murder unless it breaks the laws of the Geneva convention-R v Blackman.

Question 9

4)in the country of any realm:

Answer 9

must occur in the UK