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9 Cards in this Set

  • Front
  • Back

Definition of murder

Defined by Lord Coke in 17th century



The unlawful killing within any country of the realm of a reasonable creature in being under the queens peace with malice aforethought, express or implied

What's an unlawful killing

If act or omission results in death. Not in self defence or preventing a crime

A-G ref (no3 of 1994)

A foetus isn't a human being

Malcherek

Killing someone who is brain dead isn't murder

What is under the queens peace

Not murder to kill someone during war

What is any country of the realm

Can be charged with murder of someone outside of uk

Is causation considered

Yes

MR murder

Malice aforethought express or implied

What is express and implied malice

Express: intention to kill


Implied: intention to cause GBH (Vickers)