murder (chap5)

• What is Lord Coke's definition of murder?

  Murder is unlawful killing of a person
• What is homicide?

  It is the unlawful killing of a human being
• What can different offences of homicide depend on?

  They depend on the circumstances of the case
• What is the common law status of murder?

  Murder is a common law offence
• What is the mandatory sentence for murder?

  Mandatory life sentence
• What are the types of manslaughter?

  • Voluntary manslaughter
  • Involuntary manslaughter
• What is voluntary manslaughter?

  Unlawful killing with intent but special defence
• What is involuntary manslaughter?

  Unlawful killing without intent to kill
• What is unlawful act manslaughter?

  Unlawful killing while committing a crime
• What is the actus reus of murder?

  Unlawful killing of a reasonable person
• What must the victim be for a murder charge?

  The victim must be a living person
• What is required for causation in murder?

  The defendant must have caused the victim's death
• What is the mens rea for murder?

  Intention to kill or cause GBH
• What is the 'year and a day' rule?

  Death must occur within a year and a day
• What happens if a killing is done in self-defence?

  It is not considered unlawful
• What is transferred malice?

  Intention to kill one person transfers to another
• What is the minimum term for life imprisonment?

  Determined after conviction
• What are the minimum sentences for murder under the Criminal Justice Act 2003?

  • Whole life term for exceptional cases
  • 30 years for police officer murders
  • 15 years for other types of murder
• Who defined murder in the seventeenth century?

  Lord Coke
• What was the outcome of R v Matthew and Alleyne (2008)?(throwing boy off bridge after he told them he cant swim)

  The judge equated foresight with intention
• What did the court decide in R v Nedrick (1986)?(petrol through womans letterbox in her house, set house on fire, child died)

  Juries can infer intention from consequences
• What is the significance of R v Woollin (1998)?(threw baby on floor bc it wouldnt stop crying)

  Approved the Nedrick direction on intention
• What is the role of the judge in sentencing for murder?

  Judge imposes mandatory life sentence
• What is the minimum term for a whole life sentence?

  There is no minimum term for release
• What is the significance of the Criminal Justice Act 2003?

  It outlines minimum sentences for murder
• What are the key elements of murder?

  • Unlawful killing
  • Of a reasonable person in being
  • Under the Queen's Peace
  • With malice aforethought
• What is the definition of actus reus in murder?

  Unlawful killing of a reasonable person
• What is the definition of mens rea in murder?

  Intention to kill or cause GBH
• What does the term 'malice aforethought' refer to?

  Intent to kill or cause serious harm
• What is the significance of the case R v Gibbins and Proctor (1918)?(child starved to death due to negligent parents)

  It established causation in murder cases
• What is the role of the jury in murder cases?

  They decide on the evidence presented
• What is the outcome of a successful partial defence in murder?

  The charge may be reduced to voluntary manslaughter
• What is the implication of a whole life term sentence?

  The offender will never be released
• What was Frances Inglis's defence in her murder case?(herorin injection to child who was brain damaged)

  She claimed it was an act of mercy
• What was Stephen Port's method of killing?

  He drugged and raped his victims
• What was the outcome of Stephen Port's trial?

  He received a whole life term sentence
• What does the term 'reasonable force' refer to in self-defence?

  Force that is proportionate to the threat
• What is the significance of the case R v Vickers (1957)?

  It established implied malice in murder
• What is the role of the judge in determining minimum sentences?

  Judge decides the minimum term served
• What is the significance of the case R v Cunningham (1981)?(gas meter on wall)

  It clarified the mens rea for murder