men's rea of murder

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Created by
Anosh Eric

Cards (9)

  • The men's rea of murder is stated as being, 'malice aforethought, express of implied.'.
  • Express malice aforethought means that the deferndnat had the intention to kill
  • Implied malice aforethought means that the defendant had the intention to cause grievous bodily harm, section 18 of the Offences Against the person act 1861
  • What is the significance of the case of r v Vickers?
    It shows that a defendant can be convicted of murder even if they didn't intend to kill.
  • what case shows that a defendant can be convicted of murder even if they didn't intend to kill?
    R v vickers
  • in the context of murder, what is the significance of the case of R v Cunningham?
    It was confirmed that an intention to cause grievous bodily harm was sufficient for the men's rea of murder
  • what case confirmed that an intention to cause grievous bodily harm was sufficient for the men's rea of murder
    r v Cunningham
  • what did the house of lords decide in the case of DPP v Smith in terms of grievous bodily harm?
    Grievous bodily harm has the natural meaning of really serious harm.
  • What case did the house of lords say that "Grievous bodily harm has the natural meaning of really serious harm."?
    DPP v Smith