murder Flashcards
(23 cards)
What is Lord Coke’s definition of unlawful killing?
Unlawfully killing of a reasonable creature in being under the king’s peace with malice aforethought, express or implied.
This definition includes both express and implied malice.
What is the modern definition of unlawful killing?
Unlawfully killing with malice aforethought.
This definition simplifies the original definition while retaining the core concept of malice.
What does the term ‘AR’ stand for in the context of unlawful killing?
Actus Reus.
It refers to the physical act of committing a crime.
How can unlawful killing be committed according to AR?
By an act or omission.
This means that both doing something and failing to act can result in unlawful killing.
What case established that an omission can amount to actus reus?
R v Gibbons and Proctor.
This case highlights the duty to act in certain situations.
What does the case Martin illustrate about unlawful means?
Unlawful means unnecessary.
This indicates that the means of committing the unlawful act are not always relevant.
What does AG Ref (3 of 1994) establish about the beginning of life?
Life begins at birth.
This legal precedent is crucial in determining the status of a fetus.
What does Malcherek’s case illustrate about the end of life?
Life ends at brain death.
This case helps define the legal parameters of death.
What does DPP v Clegg indicate about the king’s peace?
A country is not under the King’s peace during war.
This affects the application of certain legal definitions.
In Airedale NHS Trust v Bland, when can life treatment be removed?
If a patient is in a persistent vegetative state and it’s in the patient’s best interest.
This case addresses ethical considerations in medical treatment.
What is the factual causation test in unlawful killing?
But for test (R v Pagett).
This test determines if the result would have occurred but for the defendant’s actions.
What is the legal causation test in unlawful killing?
Operative and Substantial test (R v Smith).
This test assesses whether the defendant’s actions were a substantial cause of the outcome.
Under what circumstances can a doctor’s actions break the chain of causation?
If they are unreasonable, unforeseeable, and palpably wrong (Jordan).
This highlights the limits of medical intervention in causation.
What can break the chain of causation according to R v Pagett?
Acts of a third party.
This case illustrates how external actions can impact legal responsibility.
What can break the chain of causation according to R v Williams?
Acts of the victim.
This case emphasizes the victim’s role in the outcome.
What external event can break the chain of causation?
Act of God, e.g., tornado.
Natural disasters can absolve liability in certain scenarios.
What does the Thin Skull rule (R v Blaue) state?
The defendant must take the victim as they find them.
This rule holds defendants responsible for the full extent of their actions irrespective of victim vulnerabilities.
What is express malice with direct intention?
D aims to kill (R v Mohan).
This defines a clear intent to cause death.
What is express malice with indirect intention?
D realizes death is virtually certain (R v Woolin).
This indicates awareness of the consequences of one’s actions.
What is implied malice with direct intention?
D aims to cause GBH (Vickers).
GBH refers to grievous bodily harm.
What is implied malice with indirect intention?
D realizes GBH is virtually certain.
This shows an understanding that serious harm will likely result from their actions.
Fill in the blank: The factual causation test is known as the _______.
But for test.
This test is essential for establishing causation in unlawful killing cases.
Fill in the blank: The legal causation test is known as the _______.
Operative and Substantial test.
This test evaluates the significance of the defendant’s actions in the outcome.
