Murder

Question	Answer
What are the three main parts to the definition of murder?	1)unlawful killing 2)reasonable person in being 3)with malice aforethought
What is meant by 'unlawful killing'?	A killing which is not recognized as justified, such as self-defense, prevention of crime or war.
Can an 'unlawful killing' be the result of an omission?	Yes
Which case shows a death due to an omission?	'Stone and Dobinson [1977]'
What is meant by the 'reasonable person in being'?	The victim was not in the womb or at the end of their life (brain dead)
'AG Reference No.3 [1997]' stated...	If harm was intended to the feotus, then the defendant would be criminally liable.
Are Doctors exempt from homicide if they choose to turn off a life support machine?	Yes
Which case is used to illustrate this?	'Malcherek and Steel [1981]
Which case is used to show legal causation?	'R v. Pagett [1983]'
Which case is used to show Factual Causation?	'R v. White [1910]'
Does the defendant need to be the operating and substantial cause of death?	Yes
What does this principle mean?	That the defendants actions were substantial and more than minimal
Which case is used to show this?	'R v. Cato [1976]'
What is meant by the thin skull rule?	Take your victim as you find them
Which case is used to illustrate this?	'R v. Blaue [1975]'
Is it possible for the defendant to be acquitted if the chain of causation is broken?	Yes
What does the case of 'R v. Jordan [1956]' show?	That the chain can be broken by a new independent act.
It is unusual for medical treatment to break the chain of causation, which cases show this?	'R v. Smith [1959]' 'R v. Cheshire [1991]'
Can the chain of causation be broken by the victims actions?	Yes
Which case shows the victims actions breaking the chain of causation?	'R v. Williams [1991]'
In which case do the victims actions not break the chain of causation?	'R v. Roberts [1971]'
What is the Mens Rea for murder?	Malice Aforethought express or implied
What does this mean?	The intention to kill or to commit GBH
What is meant by 'Aforethought'	That the intention was not formed after the act had occurred.
Is it correct that if neither of the intentions are met, then the defendant is not liable for murder?	Yes
Which case showed this? Which case confirmed this?	'R v. Vickers [1957]' 'R v. Cunningham [1982]'
What is meant by 'Foresight of Consequences'?	The defendant could foresee that their actions would kill the victim.

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	Created by disco.monkey about 10 years ago