Murder Flashcards
What is the basic definition of murder
Unlawful killing with malice aforethought. From Sir Coke
What two criteria must the defendant be to be charged and prosecuted for murder
They must be over ten and have sound memory.
What is the case stating when the defendant is classed as born =.
Attorney Generals ref No.3 of 1994.
Defendant stabbed a pregnant women and killed the baby. Due to the baby not being classed as a human the d could not be charged with murder.
What case tells us when a human is dead.
R vs Malcherek, the victim of stabbing was pronounced brain dead and the doctors turned off the life machine . The held is that you are classed as dead when you are brain dead.
What is the term for a human being.
Rerum Natura; independent from there mother.
What is the mens rea for murder.
Malice aforethought meaning you must intend to kill or intend to cause GBH.
Express malice aforethought meaning?
R vs Mohan= Man almost drove over policeman’s foot but needed full intent for the crime = direct intent
Implied malice aforethought
D did not intend to kill but they did intend to cause serious harm.
What is the case for implied malice aforethought?
R vs Vickers; D broke into a shop and attacked an old lady she died due to her injures. CoA established that intention to cause GBH is sufficient men’s rea to prove malice aforethought. And r v Cunningham = gas meter
Oblique/indirect intention
When death or serious injury was not d’s main aim or purpose but death and serious injury was a virtual certainty. R v Woolin
transferred malice
R v Gnango
