Murder

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  • Created by: tialou
  • Created on: 15-02-17 13:50
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  • Murder
    • Definition
      • The unlawful killing of a reasonable creature in being under the queens peace with malice aforethought express or implied
    • Problems with the law on murder
      • D can be convicted of murder although he intended GBH
      • Murder is a common law offence so its developed bit-by-bit and it can be difficult to discover law
      • There is no defence for excessive force used in self defence
      • There is no defence of duress
      • Mandatory life is the only sentence available
    • Mens rea
      • Intention to cause GBH can also amount to murder (Vickers, Cunningham)
      • Specific intent, foresight of consequence - refer to mens rea
    • Actus reus
      • The queens peace means there is no war
      • For the killing to be unlawful it must not be in self-defence, defence of another or in prevention of a crime. The force used must be reasonable and in household cases D must not be a trespasser, D must believe V is a trespasser and the force must be used in a dwelling.
      • A reasonable creature in being is an adult human being which is not a foetus or brain dead
      • D must kill someone by a act or omission. Its usually an act in murder however Gibbins and Proctor was an omission held as murder

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