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Murderđź’•đź’•
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Cards (9)
murder
is defined as 

sir edward coke “the
unlawful
killing
of a
human
being
, under the
kings
peace
, with
malice
aforethought,
express
or
implied”
what
sentence do you get for murder?

a
mandatory
life sentence
what is the mens rea for murder
malice aforethought
,
express
or
implied
unlawful killing


an unlawful killing is done through a
voluntary
act
or
omission
a
reasonable person in being (human being/creature)

when the brain stem is active or when they are expelled from the womb and are no longer a foetus
kings
peace

not a solider and killing not in the
heat
of
war
legal
causation 

there must be a
substantial
cause of death, and whether the defendants
actions
foreseeably
led
to the death of the victim
mens rea


the men’s rea for murder is either through the
express intent
to
kill
the victim or the
implied
intent
to cause
GBH
express
intent is split into two types 

direct is having the
intention
to
deliberately
kill
the victim and whereas
oblique
is
indirect
and
not
intending
to kill