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Give the definition of Murder.
"The unlawful killing of a reasonable person in being and under the King's/Queen's Peace with malice aforethought express or implied"
Who gave the definition for Murder?
What is a reasonable person in being?
A human being
Can a foetus be considered a reasonable persson in being?
No, a prenatal foetus is not a RPiB. However if it has been expelled from the body of it's mother it can give rise to liability.
Is a brain-dead person a reasonable person in being?
No - Malcherek
Is the Year and a Day Rule still in place?
No - however, after 3 years the A.G.'s consent is needed for prosecution.
What is meant by "under the King's/Queen's Peace"?
Killing an enemy during war is not murder.
What is the Actus Reus of Murder?
- "Unlawful killing"
- - not self defence or in prevention of a crime where def. used reasonable force.
- - can be an act or an omission but it must cause the death
Can an omission make the defendant guilty of Murder?
- Omissions cannot make a person guilty of Murder unless there was a duty to act:
- - 6 Duties
What is the Mens Rea of Murder?
- "Malice aforethought express or implied"
- - 2 intentions: Express - intention to kill
- Implied - intention to cause GBH not death
What is the definition of GBH in the sense of Implied Intention?
Really serious harm - DPP v Smith
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