MURDER Flashcards
(10 cards)
1
Q
What is the actus reus for murder?
A
The unlawful killing of a reasonable person in being under the kings peace
2
Q
What cannot be deemed as ‘unlawful’ for murder?
A
If the act is committed in self defence or prevention of crime
3
Q
What is classed as ‘killing’
A
Can be via an omission but it must cause death R V GIBBONS AND PROCTOR
4
Q
AG Reference
A
A foetus is excluded from a reasonable creature in being
5
Q
R v Malcherek
A
Someone who is brain dead cannot be a reasonable creature
6
Q
‘ Kings Peace ‘
A
Killing an enemy in the course of a war is not classed as murder
7
Q
What is the mens rea of murder
A
Malice afterthought, expressed or implied
8
Q
What is expressed malice
A
An intent to kill
9
Q
What is implied malice
A
Intent to cause GBH
10
Q
R v Vickers
A
Still found guilty if no intent to kill
