Murder

    Cards (11)

    • Murder definition
      Unlawfully killing a human being under the kings peace with malice aforethought
    • Killing
      White + Kimsey = factual and legal causation. malcherek v steel = turning off life support when brain dead isn’t killing. bland = can kill by omission
    • Kings peace
      Anyone not a enemy solider during time of war
    • Human being 

      Ag ref no 3 = foetus not human until independent from mum white = can’t kill who is already dead
    • Malice aforethought
      Intention to kill or cause gbh
    • expressed malice - intention to kill
    • Implied malice - intention to cause gbh (Vickers says it’s enough for murder)
    • Direct intention - decision to bring about prohibited consequence (Mohan)
    • Indirect intention - d sees death or gbh as virtually certain (woolin)
    • grevious = serious (Saunders)
    • Inglis- Mercy killing is murder
    See similar decks