What is the definition of murder, and who is it given by?
The definition is by Sir Edward Coke and 'it is the unlawful killing of a reasonable person in being, under the Queen's peace, with malice aforethought express or implied.'
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A part of the actus reus of murder is the unlawful killing, what is this considered to be?
This is considered to be murder, involuntary and voluntary manslaughter.
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What is not considered unlawful homicide?
Killing of an enemy solider because this isn't 'under the Queen's peace' and killing someone in self defence, provided that reasonable force was used.
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Death can be the result of an omission this is where the person has a duty to act and fails to do so, give an example?
Stone v Dobinson 1977 their anorexic sister died as result of the lack of care, they failed to seek medical attention or feed her.
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There is alot of problems in defining a reasonable person in being. Who is not considered a reasonable person in being?
A foetus who isn't independent of thier mother and been fully expelled from thier body. And a doctors are permitted to switch off life support machines for people who are brain dead, without being liable for unlawful homicide
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What is the rule on foetus who have been attacked in the womb?
Attonery's General's Reference 1997 sets out that is a foetus in the womb has been deliberately injured then, and as a result dies from those injuries that person is liable for unlawful homicide, but the verdict will be likely to be manslaughter
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What is the case example on doctors switching life support machines?
Malcherek and Steel 1981 - this isn't a case directly on this point, but is an example where the chain of causation remained even though the life support was switched off
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Other cards in this set
Card 2
Front
This is considered to be murder, involuntary and voluntary manslaughter.
Back
A part of the actus reus of murder is the unlawful killing, what is this considered to be?
Card 3
Front
Killing of an enemy solider because this isn't 'under the Queen's peace' and killing someone in self defence, provided that reasonable force was used.
Back
Card 4
Front
Stone v Dobinson 1977 their anorexic sister died as result of the lack of care, they failed to seek medical attention or feed her.
Back
Card 5
Front
A foetus who isn't independent of thier mother and been fully expelled from thier body. And a doctors are permitted to switch off life support machines for people who are brain dead, without being liable for unlawful homicide
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