Murder Flashcards
(7 cards)
1
Q
Definition
A
unlawful killing of a human being under the king’s peace with malice aforethought
2
Q
Unlawful killing cases
A
R v Gibbins and proctor - culpable omission
Airdale NHS trust - turning off life support not culpable omission
R v Young - no double jeopardy
3
Q
causation?
A
normal causation rules apply
4
Q
Human being cases
A
R v Poulton- alive and independent existence
5
Q
Malice aforethought meaning
A
R v moloney - intent to kill or cause GBH
6
Q
criticism of constructive liability
A
L steyn - in R v Powell - lead to mislabelling and neither justice nor society need it
7
Q
goff
A
Mental element leads to mislabelling - need intent to kill and indifferent as to death
