Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
27 Cards in this Set
- Front
- Back
|
What is the academic definition of murder and who is the academic? |
Coke defines murder as ‘when a man of sound memory, and of the age of discretion, unlawfully killeth’ |
|
|
What is the common law definition of murder? |
The unlawful killing of a person in being in the queens peace, with malice aforethought |
|
|
What is the only available penalty for murder |
Life imprisonment |
|
|
When is a murder charge applicable |
When the defendant has the intention to kill or commit GBH |
|
|
Who can be a victim? |
Anyone was was alive and is now dead |
|
|
When does life begin? |
When the first independent breath is taken |
|
|
Which case outlines that life begins at the first independent breath? |
AG’s Ref No.3 (1994) |
|
|
When does life end? |
When you are brain stem dead |
|
|
Which case outlines that life ends when you are brain stem dead? |
RE A (a minor) 1992 |
|
|
What is the actus reus of murder? |
The unlawful killing of a person in being in the queens peace |
|
|
What is the traditional term for the mens rea of murder? |
Malice aforethought |
|
|
What does malice aforethought mean? |
This means intention as per the House of Lords in R v Moloney 1985 |
|
|
What are the two types of intent? |
Direct and oblique intent |
|
|
Who defined direct intent and what was the definition? |
Bentham defines direct intention as ‘an end in itself or as a mean to an end’ |
|
|
Which case is the authority for direct intention? |
R v Moloney 1985 |
|
|
What does Moloney say about direct intention? |
Direct intention is the foreseen natural consequence of an act |
|
|
What is oblique or indirect intention? |
Where the consequence is not the purpose of the defendants action - R v Hancock and Shankland 1986 |
|
|
What is a key quote for explaining intent and where does it come from? |
‘The more likely the outcome, the more likely there is intent’ - R v Nedrick 1986 |
|
|
Which case created the two stage oblique intent test? |
R v Woollin 1999 |
|
|
What is the other name for the two stage oblique intention test? |
The Woollin direction |
|
|
What is the first part of the Woollin direction? |
An objective test. There is intent where death or serious injury is a virtually certain consequence of the defendants act. |
|
|
What is the second part of the Woollin direction? |
A subjective test. The defendant must have foreseen that death or serious injury was a virtual certainty. R v Matthews and Alleyne 2003 |
|
|
Which statute supports the Woollin direction? |
s.8 Criminal Justice Act 1967 says that a subjective test is important to include as solely relying on the reasonable man would be unfair grounds to prosecute |
|
|
Where does the legal basis for life ending when you are brain stem dead come from? |
Airedale NHS trust v Bland 1993 |
|
|
The first element of actus reus for murder is unlawful - which situations would death be lawful? |
Self defence, surgery, war or boxing |
|
|
Define in the queens peace |
You cannot be charged for murder in a state of war - R v Adebolajo and Adebowale 2014 |
|
|
When should the Woollin Direction be used? |
It should only be given to the juries if there is doubt over whether the D has necessary direct intention. R v MD 2004 |
