CS - Murder

Cards (7)

  • Blackman (2017)

    King's peace - killing an enemy combatant after they were seriously injured and no longer a threat was a killing under the Queen's peace.
  • Malcherek (1981)

    Human being - the court decided that doctors can switch off a life support machine when D is brain dead as the person is no longer a reasonable person in being.
  • A-G's Reference (No.3 of 1994)

    Human being - it was decided a foetus killed in the womb cannot be a victim of the specific offence of murder. A child must have an existence independent of the mother.
  • Re A (conjoined twins) 2000
    It was lawful for a doctor to operate on conjoined twins to save one knowing it would end the life of the other.
  • Unlawful killing by an act or omission
    Gibbins and Proctor (1918) - parents failure to feed their daughter who starved to death was enough for the AR of murder.
  • Definition by Lord Coke
    'The unlawful killing of a reasonable creature in being under the King's Peace with malice aforethought, express or implied
  • Murder - Mens Rea

    Vickers (1957) - Intention to cause GBH (serious injury) is sufficient. D struck V with several blows during a burglary of V's shop. V died. The Court decided that where D intends to inflict GBH and V dies, this is enough for murder.