Murderđź’•đź’•

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