Studied by 0 people
What is Lord Cokes definition of Murder?
The unlawful killing of a reasonable creature under the kings peace with malice aforethought expressed or implied and the death to take place within a year and a day
What is the Actus Reus of Murder?
Unlawful Killing
Reasonable creature
Under the kings peace
What is the Men’s Rea of Murder?
Malice Aforethought
This can be direct or indirect
What are the special defences for murder?
Loss of Control, Diminished Responsibility
What act is Diminished Responsibility covered under?
Coroners and justice Act 2009
What is needed to prove Diminished Responsibility?
Abnormality of mental functioning
Arose from recognised medical condition
Applies in that it affects the defendant ability to:
To understand the nature of the conduct
To form a rational judgement
To exercise self-control
