Murder Flashcards

Created by: bananaaar
Created on: 12-04-15 16:14

Definition of Murder?

When a man of sound memory, the age of discretion, unlawfully kills a human being under the King's peace with the intention to kill or cause GBH [Vickers] 1957

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AR elements to consider?

Unlawful killing (excludes situations where D has full defence), person in being (an unborn child is not a person in being), Under Queen's peace (e.g. enemies during warfare), year and a day rule (abolished in 1996).

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AG Reference No 3 1994

Established that an unborn child is not a person in being.

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When/how was year and a day rule abolished?

Law Reform (Year and a Day Rule) Act 1996.

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MR of murder?

Malice afterthought. Malice afterthought was defined in [Cunningham] as intention to kill (express malice) or cause GBH (implied malice)

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3 mental states in relation to murder?

Direct intention to kill, direct intention to cause GBH, oblique intention to kill or cause GBH.

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Murder, Manslaughter and Infanticide 2006 proposals?

First degree murder (intends to kill or cause serious harm and is aware of the serious risk of death) Second degree murder (D intends to do serious injury but is not aware that there is a serious risk of death).

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What is killing through recklessness?

Manslaughter.

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Other cards in this set

Card 2

Front

AR elements to consider?

Back

Card 3

Front

AG Reference No 3 1994

Back

Card 4

Front

When/how was year and a day rule abolished?

Back

Card 5

Front

MR of murder?

Back

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Murder Flashcards