Murder Flashcards
Definition
Man of sound memory and of age of discretion kills and creature under the kings peace with malice aforethought
S50 children and young persons act
Child under 10 can’t be convicted of a criminal offence
Ar
Unlawfully causes death of another person under the kings peace - beyond all reasonable doubt
Beckford
Not unlawful under self defence
Unlawfuln
Causes
Causation
The victim
Human being
Enoch and poulton
Need independence from mother
Malcharek and steel
Life ends at brain death
Dyson
Child fractured skull
Accelerating death
Adam’s
Gives lethal dose of morphine. If purpose of medicine, can no longer be achieved the doctor must relieve pain and suffering even if leads to shorter life
Moor
Even if death is VC if the doctors purpose is proper medical treatment then he can’t be liable
Cox
Never legal to use drugs with primary purpose of hastening the moment of death
Inglis
Mercy killings
Love doesn’t distinguish between murder for malevolent reasons and murder motivated by familial love. Is a mitigating factor
S25 mental capacity act
An advance decision may be made to refuse life sustaining treatment by a patient and a doctor will commit no crime by allowing the patient to die naturally
Conway
Challenge to suicide act. Argued was in violation of art 8 right to private and family life. ‘Institutionally inappropriate.’ It’s for parliament to change
Keating and bridge man on mercy killings
Historically the plea of DR has been accepted by the prosecution in relation to long term careers who kill their terminally ill spouse with consent.
James Lawson allowed DR as also suffered depression and was ‘in an increasingly desperate state of mind over his daughter.’
Robert cook - kept promise not to call ambulance after wife suicide. Through love and affection carrying out wife’s wishes
Kings peace
War time
