Murder Actus Reus Revision cards

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What is Lord Cokes definition of murder?
The unlawful killing of a reasonable person in being under the Queens peace with malice aforethought expressed or implied.
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Define Unlawful
To not consent- however R v Brown you cannot consent to GBH so you cannot consent to murder
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Can an omission form the Actus reus?
yes if D owes V a duty of care
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Case example of Duty of care
Gibbons and Proctor
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What is a reasonable person in being?
Someone who is not brain dead or still inside the womb
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Case example of Reasonable person in being?
Malcherek and Steel - Doctors are not liable for death by turning of life support machines
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What does the Attorneys general reference No.3 1994 tell us?
If a foetus is intentionally wounded in the womb and the child dies from these injuries after birth D will be liable
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What does it mean to be under the Queens peace?
Killing of an enemy in war is lawful
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Other cards in this set

Card 2

Front

Define Unlawful

Back

To not consent- however R v Brown you cannot consent to GBH so you cannot consent to murder

Card 3

Front

Can an omission form the Actus reus?

Back

Preview of the front of card 3

Card 4

Front

Case example of Duty of care

Back

Preview of the front of card 4

Card 5

Front

What is a reasonable person in being?

Back

Preview of the front of card 5
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