Common law offence, no statute that defines conduct for murder.
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Lord Coke's Definition.
The unlawful killing of a human being under the Queen's peace within any country of the realm
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Unlawful Killing.
Unlawful Killing- Victim's death can be lawful and will not result in criminal liability. Case example= ReA. Self defence is also available as long as it is reasonable and necessary, Case examples= Martin, Gibbins and Proctor.
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Human Being.
Victim must have an 'independent existence outside the womb' Case example= AG's Ref No.3 of 1994. Issue of life support machines 'brain death' is recognised test for death. Case examples= Malcherek and Steel.
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Under the Queen's peace
Killing enemy soldiers during the time of war does not satisfy AR of murder or manslaughter.
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Any country of the realm.
If a British citizen, can be tried in UK for murder committed elsewhere.
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Other cards in this set
Card 2
Front
The unlawful killing of a human being under the Queen's peace within any country of the realm
Back
Lord Coke's Definition.
Card 3
Front
Unlawful Killing- Victim's death can be lawful and will not result in criminal liability. Case example= ReA. Self defence is also available as long as it is reasonable and necessary, Case examples= Martin, Gibbins and Proctor.
Back
Card 4
Front
Victim must have an 'independent existence outside the womb' Case example= AG's Ref No.3 of 1994. Issue of life support machines 'brain death' is recognised test for death. Case examples= Malcherek and Steel.
Back
Card 5
Front
Killing enemy soldiers during the time of war does not satisfy AR of murder or manslaughter.
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