Law
- Created by: C6539
- Created on: 28-12-18 01:59
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- Murder- Homicide Act 1957
- Actus Reus- unlawful killing of a human being under the queens peace.
- Unlawful- can be committed by an act or omission.However some killings may be classed as lawful.
- Dr Bodkin Adams- "a life shortened by weeks or months is just as much murder as one shortened by years...However a doctor is entitled to do all that is proper and necessary to relieve pain.."
- Human Being - A foetus is not classed as a human being and therefore a person who kills a foetus cannot be charged with murder.A person ceases to be a human being when their brain stem ceases to be active.
- R v Malcherek and steel - the test of death is where the brain stem has died, thus the switching off the machine, the victims were already dead and the doctors could not be held responsible.
- Under the Queens Peace - excludes the killing of alien enemies in the time of war.
- R v Clegg .
- Unlawful- can be committed by an act or omission.However some killings may be classed as lawful.
- Mens Rea - Malice aforethought
- Term "malice aforethought"is misleading and suggests ill will and pre-planning. however the courts have interpreted it as an intention to kill or intention to cause GBH.
- R v Vickers. Lord Goddard- "... always been defined by English Law, as either an express intention to kill,as could be inferred when a person, having uttered threats against another, produced a lethal weapon and used it on a victim, or implied where,by a voluntary act, the accused intended to cause GBH to the victim and they died as a result."
- Common Law
- Definition - the unlawful killing of a human being under the Queens Peace with malice aforethought
- Actus Reus- unlawful killing of a human being under the queens peace.
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