Murder cases Flashcards
Murder definition
The unlawful killing of a reasonable creature in being under the Kings peace with malice aforethought, expressed or implied.
Omissions- duties
Contractual duty= R V Pitwood
Duty of special relationships= Gibbins and Proctor
Voluntary duty= Stone and Dobinson
Duty causing a dangerous situation= R V Miller
reasonable creature in being- foetus becomes human being when the child is born alive and completely outside its mother
R V Poulton
foetus- child must be capable of breathing
R V Enoch
Reasonable creature in being- switching off life support doesn’t break the chain of causation
Malcherek and Steel
Causation- FACTUAL
R v Pagett
R v White
Thin skull rule
R v Blaue
Medical treatment- has to be independent from the defendants conduct and serious enough to cause death
R v Smith
R v Cheshire
R v Jordan
Malice aforethought- implied intention
R v Vickers
Malice aforethought- intention to cause really serious harm was sufficient
R v Cunningham
identifying intention- foresight of consequences evidence of intention
R v Moloney
Unlawful killing
Self defence- an example of lawful killing
Right to protect themselves with reasonable force
Brought about the death of a victim
Reasonable creature in being
A human being
Expelled from mothers body and have its own circulation
If a child is murdered whilst in the womb but then born alive and later dies from injuries- murder or manslaughter
Brain death
Under Kings peace
Killing of enemy aliens during war and under battle conditions is not criminal homicide
Malice aforethought
Expressed= intention to kill
Implied= intention to cause GBH
