Actus Reus of of murder
- Created by: Sabrina Ahmed
- Created on: 05-12-12 20:53
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- Actus Reus of Murder
- The defintion of murder by Sir Edward Coke is...
- 'the unlawful killing of a reasonable person in being, under the Queen's peace, with malice afore thought express or implied.'
- Break down of the actus reus
- Unlawful
- Killing a POW because they are 'under the Queen's peace'
- Omission
- Where a person has a duty to act but has failed to act
- Stone v Dobinson 1977 - sister, anorexic failure to care
- Pittwood 1902 - railway contract
- Where a person has a duty to act but has failed to act
- Reasonable person in being
- A reasonable person in being under the law isn't a foetus or a person who is brain dead
- Foetus isn't a being until it has been expelled from the womb
- If a foetus has been injured whilst in the womb then you will be liable
- Attorney General Reference 1997 - verdict likely to be manslaughter
- If a foetus has been injured whilst in the womb then you will be liable
- not unlawful to switch off life support machines - doctors
- Malcherek and Steel 1981
- Foetus isn't a being until it has been expelled from the womb
- A reasonable person in being under the law isn't a foetus or a person who is brain dead
- Unlawful
- The defintion of murder by Sir Edward Coke is...
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