Murder Flashcards
What is the definition of murder
The unlawful killing of a reasonable person in being under the kings peace with malice, aforethought, expressed or implied by law
What sentence does murder hold
A mandatory life sentence
What are the 3 elements of actus reus for murder
Unlawful killing, reasonable person in being and kings peace
What is the definition of unlawful killing
A killing that is unjustified that is committed through a positive act or omission
What is the definition of a reasonable person in being
Expelled from their mother which means harm to a foetus doesn’t count, it may also be defined as they can survive on their own without mothers assistance
What case supports reasonable person in being
AG ref no3
What is the definition of kings peace
The defendant was not killed in the action of a war
What case supports the definition of kings peace
Page
What act said that it doesn’t matter how long after the action of the defendant the victim dies, they will still be responsible
Law reform (year and a day rule) act 1996
However what happens after the attack occurred 3 years prior to their death
The attorney general’s permission is needed for the prosecution
What must be proven for murder
Causation
What is the definition of malice
Doing the act out of hatred and spitefulness
What is the definition of aforethought
The murder was preplanned
What is the definition for expressed under murder
Where the D intends to kill the victim whether that be through direct or oblique intent
What is the definition for implied under murder
The D intents to cause GBH but the victim in fact dies
