Murder Flashcards
1
Q
Definition
A
The unlawful killing of a reasonable creature in being under the kings peace
2
Q
Unlawful killing
A
The D has not acted in self defence or prevention of crime
3
Q
Reasonable creature in being
A
As in the Attorney Generals reference (no.3 of 1994)(1997) the victim must be born alive and cannot be a foetus
4
Q
Kings peace
A
Cannot be in war
5
Q
factual causation
A
‘but for’ test
6
Q
legal causation
A
It must be proven that the D is the operating and substantial cause and there are no intervening acts which break the chain of causation
7
Q
Mens rea
A
Malice aforethought either expressed intent or implied intent
Expressed- intent to kill
Implied- intent to cause GBH
