murder
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- Created by: Nataliestarkie
- Created on: 23-03-17 20:39
what kind of offence is murder
common law - rules relating to murder cannot be found in a single statute
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where was coke's definition found
institutes of the law of england 1797
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what is coke's definition of murder
"unlawful killing of another with malice aforethought"
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how did the LC describe the law on murder in england and wales in 2005
"mess" and "rickety structure based upon a shakey foundation"
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what elementys found in coke's definition make up the AR
sound memory and of the age of discretion, unlawful killing, person in "being", not under queens peace, year and a day
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examples of lawful killings
self defence or the defence of necessity
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what happened in Re A 2000
the courts authorised the separation of conjoined tqins knowing that one would not survive. example of defence of necessity
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what happened in R V White
defendant poisoned mother with the intention to kill, however, the mother died before the poision took effect. the jury couldnt not prove that the defendant was the factual as the poison did not kill the victim
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what happened in AG Ref No.3 of 1996
the question was whether the defendant could be guilty of the murder of a child that had not been born yet. traial judge decided that the fetus was not in retrum natura at time of stabbing. AG appealed against the aquittal and the case reached HOL
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what is genrally accepted as the end of life
brain stem death
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what happened in R V Malcherek
the defendant was brain dead when the doctors decided to turn the life support machine off. because of this the chain of causation was not broken
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what is the queens peace
it makes the killing of an enemy in the course of war lawful. unless a killing of a prisoner of war.
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what is the year and a day rule
the victims death must occur within 366 days of the defendants acts
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what replaced the year and a day rule
Law Reform (year and a day) Act
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why was the year and a day rule replaced
modern advances in medical technology, doctors are now able to keep patients alive for much longer periods
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what is the MR for murder
malice aforethought
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what is meant by malice aforethougth
defendant either intends to kill or cause grevious bodily harm
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what is express malice
intention to kill
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what is implied mallice
intention to cause (really) serious harm
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what happened in R v Vickers
defendant punched and kicked an old woman who died of the injuries.
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what did R v Vickers establish
that intention to cause GBH is sufficent mens rea to prove malice aforethought
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what case confirmed R v Vickers
R v Cunningham
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why has the implied malice rule come under criticism
allows for defendants to be liable for murder when only serious harm was intended. the offence is focused on "causation" and not "fault"
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what happened in DPP v Smith
found guilty of the murder of a police man based on a objective test
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what came about after DPP v Smith
s.8 criminal justice act was passed which states a direct and oblique intention would be sufficent MR
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what happened in Hyam v Dpp
defendant put a lit newspaper through letterbox, killed 2 children. it was decided that D had foreseen death or serious harm and he was guilty of murder. thus intention was taken to be the same as foresight. example of transferred malice
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what is needed to satisfy an oblique intention?
death or serious harm must be virtually certain; and D must appreciate this
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what happened in R v Wollin?
D threw a baby at a wall who died of head injuries. it was up to the jury to decide whether D possessed teh relevent intention by reference to law
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is oblique intention law?
no, only a rule of evidance
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what happened in r v mathews & alleyne?
D pushed v (who couldnt swim) into river. claimed they did not have suffienct MR as they intend to kill. jury was lead they must convict if they appreciated death or serious harm was virtually certain
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what did the LC suggest regarding serious harm
those only intending serious harm would be convicted of 2nd degree murder with a discretonary life sentence
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what is the sentence for murder?
mandatory life
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when was the death penalty abolished
1965 by the Murder (abolition of the death penalty) act
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why is a fixed mandatroy life sentence bad
means the serial killer, terrorist , mercy killer and the person ponly intending GBH will recieve the same sentence
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where are the tariffs described
criminal justice act 2003
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what are the tariffs?
15 years:lowest tariff. 30 year: murder of a police officer or the use of a firearm. whole life: murder of a child with sadistic/sexual motive, or committed terrorism
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what did the LC suggest regarding sentencing?
mandatory life sentencing should only be given to those who intended murder.
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what would 2nd degree murder be for
those who didnt intend murder or have a defence
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why would these reforms be benefical
sentence would be in proportion to the crime and public perception
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disadvantages of these reforms
proving MR for 1st and 2nd degree would be problematic
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Other cards in this set
Card 2
Front
where was coke's definition found
Back
institutes of the law of england 1797
Card 3
Front
what is coke's definition of murder
Back
Card 4
Front
how did the LC describe the law on murder in england and wales in 2005
Back
Card 5
Front
what elementys found in coke's definition make up the AR
Back
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