murder Flashcards
(17 cards)
defintion?
the unlawful killing of a reasonable person under kings peace with malice aforethought (express/implied) - Lord Coke
5 things needed to prove actus rea?
- a dead person
- positive act/omission
- human being
- no defence/unlawful
- kings peace
case for positive act/omission?
R v Miller
what doesn’t count as a human being and their cases?
- a foetus (AG ref no.3 1994)
- somebody braindead (Malcherek)
what does king’s peace mean?
not during a war and not the killing of a prisoner of war
what are the two types of mens rea?
- malice aforethought
- transferred malice
what are the two types of malice aforethought?
express - intention to kill
implied - intention to cause GBH
principle from R v Vickers?
defendant can be guilty of murder even though they did not intend to kill
two types of intent?
direct and oblique (indirect)
what is direct intent and case?
Mohan - intended to preform criminal act
what is indirect/oblique intent and case?
Woolin - virtually certain
case for transferred malice?
Latimer
what is transferred malice?
Where the mens rea of the crime directed at one person is transferred to the unintended victim
how do you prove factual causation and case?
the ‘but for’ test - R v White
how do you prove legal causation and case ?
- more than minimal cause
- no intervening act
Kimsey
what are intervening acts and their cases?
- 3rd parties (Pagett)
- victims own act (R v Roberts)
- medical (Chesire and Jordan)
- not seeking medical care (R v Dear)
case for under kings peace?
R v Blackman
