Murder Flashcards
(6 cards)
1
Q
What is the actus reus of murder?
A
The unlawful killing of a human being.
2
Q
What is the mens rea of murder?
A
With malice aforethought express or implied.
3
Q
What is the test for causation in fact?
A
“But for” the defendant’s actions, the result would not have occurred. (R v Pagett)
4
Q
What is the test for causation in law?
A
Whether D’s actions were a ‘significant and operative’ cause of the result. (Smith/Cheshire)
5
Q
What is Sir Edward Coke’s definition of murder?
A
The unlawful killing of a human being, under the queen’s peace, with malice aforethought express or implied.
6
Q
Which cases tell us that either intent to kill or intent to cause GBH is suffice to mens rea for murder?
A
R v Vickers or R v Cunningham
