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11 Cards in this Set
- Front
- Back
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Definition of Murder + where it came from |
Lord Coke 1797 Unlawful killing of a human being under the Queen's peace with malice afterthought |
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Unlawful killing |
Killing must be unlawful but defences can make killings lawful. The act or the omission must be proved with causation. Foetuses cannot be murdered |
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Cases for unlawful killing |
R v Clegg 1995 - unlawful killing kills people who nearly drove into him when there was no fear of them coming back Dr Bodkin Adams 1957 - lawful killing in administrating pain medication |
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Queens Peace |
Killing under the Queen's peace means that a soldier killing an enemy at war will not be murder |
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Human being |
The killing must be of a human being. Cannot murder a fetus |
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Human being case |
Af ref no 3 of 1994 - foetus becomes a human being when fully expelled from mother R v Inglis 2011 - disabled humans are still humans kills son with lethal dose of of heroin |
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Intention to kill |
Direct intent is where the defendant wants to kill Oblique intent is where death is forseen as virtually certain |
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Malice afterthought |
Intention to kill or cause GBH and nothing less established in R v Moloney 1985 |
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Intent to cause GBH |
If the defendant is willing to harm the victim to the extent of GBH then they can see the risk for murder |
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Intention to cause GBH case |
R v Vickers 1957 - lethal weapon and intended to cause GBH but killed |
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Case for intention to cause GBH |
R v Cunningham 1982 - Intended to cause harm to someone who had an affair |
