Murder

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  • Created by: DeVanté
  • Created on: 31-03-14 11:57
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  • Murder
    • The Law of Murder is set in common law i.e. not defined in statute
      • The nearest legal definition is "The unlawful killing of a human being in the queen's peace, with malice aforethought"
    • Actus Reus
      • The actus reus of murder is the unlawful killing of a human being in the Queen's peace
        • Unlawful Killing
          • Unlawful Killing can be committed by an act or an omission.
            • R v Clegg 1995
          • Also Doctors may kill lawfully in limited circumstances
            • Administering pain relief
              • Dr Bodkin Adams 1957
            • Withdrawal of treatment
              • Airedale Hospital Trustees v Bland
        • Human Being
          • The second element requires the victim to be a human being
            • A foetus is not classed as a human being
              • VO v France
            • A person ceases to be a human being when their brain stem ceases to be active, irrespective of whether they are being kept alive by artificial means
              • R v Malcherek and Steel
              • R v Inglis
        • The Third Aspect of actus reus; excludes the killing of alien (Foreign) enemies in the time of war
    • Mens rea
      • The Mens Rea of Murder is malice aforethought
        • Malice aforethought has been interpreted as meaning intention to kill and  intention to cause GBH
        • R v Vickers 1957
        • R v Cunningham 1982
        • The mens rea of murder covers not only direct but also oblique Intent.
          • R v Woolin
  • A-G Ref (No 3 of 1994)
    • A foetus is not classed as a human being
      • VO v France

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