Card Set Information

2011-06-05 16:04:16

Flashcards for A2 Law - Murder
Show Answers:

  1. 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"
  2. Who gave the definition for Murder?
    Lord Coke
  3. What is a reasonable person in being?
    A human being
  4. 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.
  5. Is a brain-dead person a reasonable person in being?
    No - Malcherek
  6. Is the Year and a Day Rule still in place?
    No - however, after 3 years the A.G.'s consent is needed for prosecution.
  7. What is meant by "under the King's/Queen's Peace"?
    Killing an enemy during war is not murder.
  8. 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
  9. 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
  10. 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
  11. What is the definition of GBH in the sense of Implied Intention?
    Really serious harm - DPP v Smith