Murder

Cards (14)

What type of offence is murder?
A common law offence
What does murder require?
Both the actus reus and mens rea
What is the definition of murder?
The unlawful killing of a reasonable creature in being under the King's peace, with malice aforethought express or implied
What are the four elements to the actus reus of murder?
Unlawful Killing, Human Being, King's Peace, Causation
What is the "Unlawful Killing" of the actus reus of murder?
Where there is no defence present
What case is there for the "Unlawful Killing" element of the actus reus of murder?
R v Clegg
What case states that euthenasia is unlawful?
R v Ingles
What case states that switching off a life-support machine is not unlawful?
R v Malchorek
What is the "Human Being" element of the actus reus of murder?
Must be born and alive
What is a case for the "Human Being" element of the actus reus of murder?
A-G Ref. No3
What is the "King's peace" element of the actus reus of murder?
Not during battle
What is the "Causation" element of the actus reus of murder?
Normal rules on causation
What is the "Express Malice" element of the mens rea of murder?
Direct intent to kill OR Indirect intent to kill
What is the "Implied Malice" element of the mens rea of murder?
Direct intent to cause GBH OR Indirect intent to cause GBH