Murder Flashcards
(20 cards)
Lord Coke defined murder as what?
Unlawful killing of a reasonable creature under the King’s peace with malice aforethought (express or implied).
Murder is governed by what act and what sentence?
Homicide Act 1957, mandatory life sentence
What are the AR elements?
Unlawful killing
Reasonable creature
Kings peace
What is an unlawful killing?
A killing is done without legal justification.
What are examples of a lawful killing?
Self-defence, doctor-patient (turning off life support machine.
Gibbins v Proctor
Requires voluntary act however can happen through omission - D’s starved their daughter
What is a reasonable creature?
A human being
A foetus is not a human. Case?
AG Ref No3
Turning off life support machine not murder. Case?
Malcherek and steel
What is under kings peace?
War and battle - not murder
Killing prisoner of war can amount to murder
What type of crime is murder? What does this mean?
Result crime. Establish D caused killing of V (causation)
Factual causation? Case?
‘But for test’ R v White/Pagett
Legal causation? Case?
D’s actions substantial cause of V’s death - more than minimal not total R v Kimsey
What are intervening acts?
Vs own act
Third party
Act of god/natural act
What are the MR elements?
Malice aforethought, express or implied.
What is express malice aforethought? Case?
Intention to kill. R v Vickers
What is implied malice aforethought as a whole?
Intention to cause GBH
What is direct intention implied malice aforethought? Case?
Mohan - D desires specific outcome
What is indirect intention implied malice aforethought? Case?
Woollin - death was a virtual certainty as a result of D’s actions
What is transferred malice?
Even if D didn’t intend to harm actual victim, they can still be liable for harm caused if they intended to harm someone else
