Murder is still defined through a series of common law decisions that have occurred through the years.
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What is the defintion of murder? And who created it?
"The unlawful killing of a human being, with malice aforethought, within the Queen's peace" - Lord Coke
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What is the Actus Reus of murder?
The unlawful killing of a human being under the Queen's peace.
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What are the two issues relating to the Actus Reus of murder?
Causation and Omissions (rare)
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What is the Mens Rea of murder? And how is it defined?
Malice aforethought = an intention to kill, or an intention to cause grevious bodily harm
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What is the case and ratio of direct intention to kill?
R v Mohan = it was the defendent's main aim and purpose and therefore he had direct intent.
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What is the case and ratio of indirect intention to kill?
R v Woolin = the consequences of the defendent's actions are a virtual certainty and the defendent knew this, then he has sufficient mens rea.
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What case and ratio improved the application of indirect intention to kill in murder?
R v Matthews and Alleyne = if death or GBH is a virtual certainty then finding intention is irresistible. Foresight of consequences that are a virtual certainty is the same as intention.
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What is the legal terminology for 'intention to cause grevious bodily harm'?
Implied Malice
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What is the case and ratio for intent to cause grevious bodily harm?
R v Vickers = an intention to cause GBH is at least evidence for a willingness to accept a substantial risk that the victim might die.
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Other cards in this set
Card 2
Front
Through what means is murder defined?
Back
Murder is still defined through a series of common law decisions that have occurred through the years.
Card 3
Front
What is the defintion of murder? And who created it?
Back
Card 4
Front
What is the Actus Reus of murder?
Back
Card 5
Front
What are the two issues relating to the Actus Reus of murder?
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