A mindmap on the topic of murder. This is a detailed summary of the topic of murder in the module of criminal law. It includes the definition of each factor along with the law around it and case examples with facts.
, MURDER -THE UNLAWFUL KILLING
OF A HUMAN BEING UNDER THE QUEENS
PEACE WITH MALICE AFORETHOUGHT-
Human being 4
What Is A Human Being ............................................................................................................................... 4
Life begins at birth not conception! The victim must be fully born and independent from the mother. .... 4
R v cutchley- Strangled her new born baby to death before the umbulical cord had been cut. HELD- was
not murder as thhe child wasn't independent of the mother. ..................................................................... 4
However if a child is injured before they are born and the injuries cause the death then they can be
convicted of murder. .................................................................................................................................... 4
Death? ........................................................................................................................................................... 4
Brain death is not generally considered death by the courts ....................................................................... 4
Mens Rea: Malice aforethought .........................................................................................................4
Intention ....................................................................................................................................................... 5
Must have had intention to kill or seriously harm. This can be direct (intended to) or oblique (didn't
intend to but did an act that had the foreseeable consequence) ................................................................ 5
Serious Harm ................................................................................................................................................. 5
Grevious bodliy harm or arm that affects victims body significantly. Even if death wasn't foreseeable
from the serious harm it still amounts to murder. ....................................................................................... 5
Transferred Malice ........................................................................................................................................ 5
MURDER | FEBRUARY 27, 2023
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