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Criminal Law - Hom

Homicide - Murder

Definition of murder Unlawful killing of another human being under the Queen's peace within a country of the realm with malice aforethought, express or implied
Mens Rea of murder Intent to kill or cause serious harm
R v Copeland Bombing of public house in Soho killing 3 people. One person was pregnant - child destruction
Re A Court allows operation to take place, and killing is allowed - operation on conjoined twins (Mary and Jody)
R v Gibbins & Proctor You can commit a murder through an omission
R v Adams Doctrine of double effect - doctors can administer potentially fatal medication where they intend to control symptoms
Inglis Mercy killing of son with brain injury is murder (administers heroin overdose)
Vickers Intent to cause serious harm is sufficient mens rea for murder
Cunningham Pub fight - kicked him off chair - intent to cause serious harm is sufficient mens rea for murder
Woolin oblique/indirect intent will suffice for murder (threw baby)
Matthews and Alleyne oblique/indirect intent will suffice for murder (knew he couldn't swim)
What is some evidence that you should consider to prove D has sufficient mens rea? Motive, use of a weapon, attack on vulnerable part of body, repeat attack, violent/forceful attack
Sentence for murder Mandatory life sentence - judge sets tariff, and if released, D is on license for life
When would someone be classed as dead in law? Brain stem death
Created by: Oscar.G
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