Murder AO1
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14 Terms
Where is murder found?
Murder is a common law offence
What is the definition of murder?
The unlawful killing of a reasonable person in being, under the king's peace, with malice aforethought express or implied (Lord Coke)
What is an unlawful killing?
A killing that is not justified by a lawful excuse such as self-defence or defence of another or property
Factual causation?
"But for" the defendant's actions would the consequence have occurred? (Pagett)
Legal causation
The defendant need not be the only factor but must be more than a minimal factor in causing the victim's death (Kimsey)
Intervening act
There must be no intervening acts which break the chain of causation (Jordan)
What is a reasonable person in being?
A human being
Can a foetus be murdered?
No, a foetus must have an independent existence (Attorney General's Reference No. 3 of 1994)
Can a brain dead person be murdered?
No
What does under the king's peace mean?
The killing of an enemy combatant during war is not murder
What is express malice aforethought?
Intention to kill
What is implied malice aforethought?
Intention to cause serious harm (Vickers)
What is oblique intent?
Death must be a virtual certainty to find the defendant guilty (Woollin)
Gnango
A defendant can be guilty through transferred malice