Murder Flashcards
(18 cards)
What is the definition of murder?
The unlawful killing of a reasonable person in being, and under the kings or queens peace with malice aforethought express or implied.
What makes a killing lawful?
If it is an act of self-defense
Who is a reasonable person in being?
Anyone who is living and breathing (R v Malcherek and Steel)
Who isn’t a reasonable person in being?
Fetus and people on life support
Can murder be committed through an omission?
Yes, can be a positive act or an omission
What is the test for factual causation?
But for test (White or Pagett)
What is the but for test?
But for the defendant actions would the defendant have died?
What is the rule for legal causation?
De minimis rule (Cato)
What is the de minimis rule?
The defendant must be more than the minimal cause, but doesn’t have to be the substantial or only cause.
What are the 3 things that can break the chain of causation?
Medical negligence, Victims own acts, Thin skull rule
What are the 3 elements of medical negligence?
Treatment was palpably wrong, the operative cause of death and so independent it made the victims acts insignificant. (Jordan or Smith)
What is the thin skull rule?
You must take the victim as you find them, regardless of their characteristics. (R v Blaue)
What are the 2 elements of victims own acts?
The victims acts must be proportionate to the threat and foreseeable by a reasonable person (Roberts)
What are the 3 types of men rea?
Express Malice , Implied Malice and Foresight of consequences
What is express malice mens rea?
Offender has direct intention of both act and consequence
What is implied malice mens rea?
Offender has committed a S18 GBH that has amounted to death
What is foresight of consequences mens rea?
a reasonable person could foresee death (Nedrick)
What is the virtual certainty test?
Would a reasonable person see serious harm as a virtually certainty? Would the defendant see serious harm as a virtual certainty? (Nedrick, Matthews and Alleyene)
