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10 Cards in this Set
- Front
- Back
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Definition of murder |
The unlawful killing of a reasonable creature in being under the Queen's peace with malice afire thought, express or implied |
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Kimsey |
Legal causation can be proved of more than a minimal cause. There is no need to prove the conduct was the substantial or sole cause of death |
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Beckford |
May use such force as is reasonable if he honestly believes he is defending himself or another. Evidence must be viewed from mistaken POV |
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Martin |
Where excessive force is used in defence this is classed as an unreasonable and unlawful killing, personal characteristics cannot be taken into account |
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AG ref (3 of 1994) |
A foetus isn't a reasonable creature in being BUT if child had survived to be a reasonable creature in being then this could be attempted murder |
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Malcherek & Steel |
Dr's can switch off a life support machine where brain death as no longer a reasonable creature in being. Where D caused V to be brain dead then this is a minimal cause and doesn't break the chain of causation |
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Gray |
A forethought doesn't need any previous planning or thinking about, merely that the intention to kill doesn't occur after the act |
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Vickers |
If intention to cause GBH can be proved then it can be constructed to mean intention to kill (constructive intention). Can be either direct or oblique intention |
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Mohan |
Direct intention definition |
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Woollin |
Define the Woollin test |
