Murder
- 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
- Administering pain relief
- Unlawful Killing can be committed by an act or an omission.
- 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
- A foetus is not classed as a human being
- The second element requires the victim to be a human being
- The Third Aspect of actus reus; excludes the killing of alien (Foreign) enemies in the time of war
- Unlawful Killing
- The actus reus of murder is the unlawful killing of a human being in the Queen's peace
- 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
- The Mens Rea of Murder is malice aforethought
- The Law of Murder is set in common law i.e. not defined in statute
- A-G Ref (No 3 of 1994)
- A foetus is not classed as a human being
- VO v France
- A foetus is not classed as a human being
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