39313455
Description
Mind Map by Mubaraka Kapadia, updated more than 1 year ago
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Created by Mubaraka Kapadia
over 2 years ago
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Murder
- Definition
- The unlawful killing of a
reasonable person in
being under the King's
peace with malice
aforethought, express
or implied
- The unlawful killing of a
reasonable person in
being under the King's
peace with malice
aforethought, express
or implied
- Actus reus - unlawful killing of a
reasonable creature in being
under the King's peace.
- The defendant killed
- Killing can be an act or
omission.
- R v Gibbons V Proctor
- R v Gibbons V Proctor
- Killing can be an act or
omission.
- Causation
- Defendant cannot be
guilty unless his act or
omission caused the
death
- Defendant cannot be
guilty unless his act or
omission caused the
death
- King's peace
- Killing an enemy in war is not
murder.
- Killing an enemy in war is not
murder.
- Unlawful
- Killing must be
unlawful
- E.g. killing due to self defence does not count.
- E.g. killing due to self defence does not count.
- Killing must be
unlawful
- The defendant killed
- Mens rea- malice aforethought, express or implied
- If they have either, the person is guily of
murder.
- R v Vickers
- R v Cunnigham
- R v Vickers
- If they have either, the person is guily of
murder.
- Direct intent (MR)
- Deliberate killing
- Deliberate killing
- Indirect intent (MR)
- Also known as oblique intent
- The defendant's aim was not to cause death.
- R v Moloney
- R v Moloney
- The defendant's aim was not to cause death.
- Also known as oblique intent
- Transferred malice (MR)
- Where the defendant doesn't mean to kill the
victim, but accidentally kills the victim in trying
to kill someone else.
- The intention to kill or seriously injure
victim 1 is transferred.
- The intention to kill or seriously injure
victim 1 is transferred.
- Where the defendant doesn't mean to kill the
victim, but accidentally kills the victim in trying
to kill someone else.
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