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criminal law
term 1
murder
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Cards (14)
def
- by
lord coke
def
-
unlawful
killing of a reasonable person in being under the
kings peace
with
malice aforethought
express or implied
murder
is a
common law
offence - not defined in
statute
actus reus
- unlawful killing of a person under the
kings peace
mens rea
- intention to kill or cause
gbh
unlawful killing
-
Re A
transferred malice
-
Mitchell
,
pembleton
,
latimer
coincidence principle
-
ar
and
mr
must occur at the same time
coincidence -
fagan
,
thabo meli
recklessness
-
cunningham
mens rea
can be
recklessness
murder
crit
- definition not written down in
statute
under the kings peace
- not in a time of
war
(
adebolajo
)
lawful person
in being -
foetuses
don't count