murder Flashcards
1
Q
what are the key features of murder?
A
-its a common law offence
-its an indictable offence
-carries a mandatory life sentence
2
Q
what is the actus reus of murder?
A
-the unlawful killing of a human being
3
Q
break down the actus reus of murder
A
-unlawful - is there a defence? if no its unlawful (R v Clegg)
-killing - ‘causing death’
-causing - usual rules of causation
-death - medical test meaning ‘brain stem death’ (R v Inglis)
-Human Being - being alive and breathing through your own lungs
4
Q
what is the mens rea of muder?
A
-malice aforethought
-intent to kill or cause really serious harm
-DPP v Smith
