Murder Flashcards
What type of offence is murder
Homicide offence
who defined murder
Lord coke
What sentence is given for murder
Mandatory life sentence, no discretion
What are the 3 elements of the AR of murder
- unlawful killing
- reasoanble creature in being
- under the kings peace
When can murder be committed by an omission, use a case
When under a duty to act (Gibbins and proctor)
What needs to be proved for the unlawful killing part
Causation:
Factual- but for
Legal- operating and substantial cause, no Novus actus interveniens
What 2 cases are used for the unlawful killing element
R v Dyson- accelerated sons death
Malcherek and steel- the switching off of the life support machine didn’t break the chain as was already regarded as dead
What are the 2 things not considered reasonable creature in being
Foetus
If Brain dead
What does the case of range v middowns say
A child is born alive if they are breathing/living through their own lungs without the support of their mother
What case was an example of when a foetus isn’t a reasoable creature in being
Attorney general reference- The stab caused a premature birth, but as the baby wasn’t considered a human at the time of the stab, he was only charged with manslaughter
What case is used as an example of a brain dead person not being a RCIB, and what is said
Malcherek and steel- being dead means having a brain dead stem, in this case, having the life support withdrawn didn’t causes the death
Explain the requirement of being under the kings peace
The Killing of an enemy in war doesn’t amount to murder
Whats the MR of murder
Malice aforethought expressed or implied
What is expressed and implied malice
Expressed- intent to kill
Implied- intent to cause GBH
Whats the lowest level of MR for murder
Indirect intent to do GBH
