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Law > Murder > Flashcards

Murder Flashcards

1
Q

What is the definition of murder

A

Murder is to r unlawful killing of a reasonable person in being and under the Kings Peace with malice aforethought, express or implied

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2
Q

What is the first step to a murder question, apart from the definition

A

Establishing whether D killed via an act or an omission

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3
Q

You mist cover causation if it’s an act, right?

A

Yes

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4
Q

What may not be a reasonable person in being

A

A foetus
Someone who’s brain dead

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5
Q

What is the case example for a foetus being a reasonable person

A

AG Ref No3 1994

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6
Q

What is the case example for someone who’s braindead being a reasonable person

A

Malcherek & Steel

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7
Q

What do you cover after talking about whether V was a reasonable person

A

Kings Peace

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8
Q

When can killing be lawful

A

Self defence
Defence of another
Prevention of a crime

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9
Q

What act shows self defence and defence of another are common law offences (can be used as a defence for any crime)

A

Criminal Law Act 1967

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10
Q

What is the case example for protection of another

A

Re A

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11
Q

What is the case for reasonable force

A

Beckford

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12
Q

What are the two cases for excessive force

A

Clegg
Martin (Anthony)

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13
Q

What does Malice Aforethought mean

A

The intention to kill or cause GBH

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14
Q

What case shows GBH means serious injury

A

Saunders

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15
Q

What type of intent is murder

A

Specific

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16
Q

What is express malice aforethought

A

Intention to kill

17
Q

What is implied malice aforethought

A

Intention to cause GBH

18
Q

What case shows implied intent (GBH) can suffice as MR for murder

A

Vickers

19
Q

What case decided that oblique intent satisfied the MR for murder

A

Woolin

20
Q

What are the 3 cases for transferred malice

A

Latimer
Pembliton
Gnango

Law (11 decks)

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